NATIONAL INVESTIGATION AGENCY Vs. WASIM AKRAM MALLIK

JUDGEMENT

(1.) This order disposes of this appeal under Section 21(1) of the National Investigation Agency Act, 2008 (NIA Act, for short) read with Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C., for short) and Article 227 of the Constitution of India, filed by the National Investigation Agency. The appellant is aggrieved against the findings, recorded in the impugned order dated 4 th September, 2012 that charges should not be framed under Section 121A/122/123 IPC, against Wasim Akram Malik, the respondent herein. The reasoning, given in the impugned order, for not framing the charges against the respondent reads as under:-

(2.) By the same impugned order, the learned Additional Sessions Judge has directed framing of charges under Sections 120B/440/436/302/307/325/323 IPC and Section 4 of Explosive Substance Act, 1908 and Sections 16, 18, 20, 38, 39 of Unlawful Activities (Prevention) Act, 1967. The respondent has not preferred an appeal against the impugned order, framing the aforesaid charges and, therefore, framing of charges under the said provisions are not required to be examined by us. The limited issue raised here, is whether there are sufficient grounds or evidence to frame charges against the respondent under Sections 121/121A/122 and 123 IPC. For the purpose of record, we notice that paragraph 24 of the impugned order does not mention Section 121 IPC though the charge-sheet alleges commission of the said offence. This, however, is not the ground on which we have based our decision.

(3.) The aforesaid relevant sections read as under:-