SHAKEEL AHMAD ANSARI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Office report suggests that this appeal has been time barred, wherefor, the application seeking condonation of delay (IA No.1 of 2024) has been filed. On being satisfied with the reasons, so furnished, we allow the application and condone the delay. The objections filed by the State stand disposed of accordingly.

(2.) This appeal is filed by the appellant under Sec. 21(4) of National Investigation Agency Act, 2008 against the order dtd. 4/6/2024 (wrongly mentioned as 10/5/2024 in the prayer clause) passed by learned First Additional Sessions Judge, Haldwani, District Nainital in FIR No.21 of 2024, registered at Police Station Banbhoolpura, District Nainital under Ss. 147, 148, 149, 307, 395, 323, 332, 341, 342, 353, 412, 427, 436, 120-B IPC r/w Ss. 3 and 4 of the Prevention of Damage to Public Property Act, 1984, r/w Sec. 7 of the Criminal Law Amendment Act, 1932, r/w Ss. 3/25, 4/25, 7/25 of The Arms Act, r/w Ss. 15 and 16 of the UAPA, whereby, the learned trial court has extended the time period of investigation and detention beyond 90 days.

(3.) Facts of the case giving rise to the present proceedings are that an FIR No.21 of 2024 dtd. 8/2/2024 was lodged in Police Station Banbhoolpura, District Nainital. As per the aforesaid FIR, on 8/2/2024 officials from Nagar Nigam, Tehsil and Police went to a place in Banbhoolpura locality to demolish two structures allegedly encroachments on public land ' one Madarsa and one Mosque, which was already sealed and fenced. When officials reached the spot they faced resistance from the local public, who formed a mob and started pelting stones at the officials and petrol bombs were also thrown in the process. During this process Police officials also rushed to the Police Station Banbhoolpura after receiving of reports that some persons attempted to set the police station on fire; petrol bombs were thrown on the Police vehicle and the service pistols and cartridges of Police officials S.O. Mukhani were also snatched. The appellant was arrested during investigation.