LT. COL. PRASAD PUROHIT Vs. NATIONAL INVESTIGATION AGENCY

JUDGEMENT

(1.) By the present Appeal under Sec. 21(1) of National Investigation Agency Act, 2008, Appellant, Original Accused No.9, has impugned Order dtd. 27/12/2017 passed below Exh.4247 and Exh.4689 in NIA Special Case No. 01 of 2016, by the learned Special Judge (Under MCOC & NIA Act), Greater Mumbai, rejecting his application under Sec. 227 of Criminal Procedure Code for discharge from the said crime.

(2.) Exhibit-4247 was filed by the Appellant under Sec. 227 of Cr.P.C. read with Sec. 11 of MCOC Act for discharge under the provisions of MCOC Act and UAPA Act. Exhibit-4698 was filed by the Appellant under Sec. 227 of Cr.P.C. read with Sec. 197 of Cr.P.C. for discharge under Sec. 302/307 of I.P.C. and Ss. 3, 4, 5, 6 of the Explosives Act. The Applications preferred by the Appellant have been partially allowed by the Trial Court by its impugned Order. Appellant has been discharged from the offences punishable under Ss. 3(1)(i), 3(1)(ii),3 (2), 3(4), 3(5) of MCOC Act and from the offences punishable under Ss. 17, 20 & 23 of UAP Act as well as for the offence punishable under Ss. 3, 5 & 25 of Arms Act. The Trial Court has directed that, Charge be framed against the Appellant and accused Nos.1, 4 to 6, 10 & 11 for the offences as more specifically mentioned in para No.7 of the operative part of the impugned Order.

(3.) Heard Dr.Neela Gokhale, learned counsel for Appellant, Mr.Sandesh Patil, learned Special P. P. for Respondent No.1-NIA, Mrs.S.D. Shinde, learned A.P.P. for Respondent No.2-State and Mr.Shahid Nadeem, learned Advocate for Intervenor. Perused Synopsis/List of Dates submitted by the learned counsel for Appellant and the Written Submissions submitted by the learned Advocate for Intervenor. Perused entire record produced before us.