SADHAM Vs. SUPERINTENDENT OF POLICE, NATIONAL INVESTIGATION AGENCY

JUDGEMENT

(1.) In view of the commonality of the issues involved, both the appeals are taken up together and disposed of by a common judgment.

(2.) The appellants filed petitions seeking copies of the statements given by L.Ws. 10 to 25 invoking Section 207 Cr.P.C. The petitions filed were dismissed on the sole ground that at the earlier point of time, the prosecution filed a petition in Crl. M.P. No. 154 of 2018 which was allowed on 26.04.2018 and therefore, in view of the said order having attained finality, the present petitions filed by the appellants are not maintainable. Accordingly, both the petitions were dismissed. Challenging the same, the present appeals are before us.

(3.) Learned counsel appearing for the appellants would submit that the orders passed are not in conformity with Section 207 Cr.P.C read with Section 17 of the National Investigation Agency Act and Section 44 of the Unlawful Activities (Prevention) Act (UAP Act). The earlier order was passed at the instance of the prosecution and without hearing the appellants. Therefore, the aforesaid orders passed cannot be put against the appellants and instead the trial Court ought to have decided the petitions on merit.