STATE OF A.P. Vs. S. ESHAR SINGH

JUDGEMENT

(1.) THIS appeal is filed by the State of Andhra Pradesh under section 19 of the Terrorist and Disruptive Activities (Prevention Act, 1987 ("TADA Act" for short). The five respondents herein were cparge -sheeted under sections 120 -B, 302 read with 120 -B IPC, 3(3) and 4(3) of the TADA Act and section 27 of Indian Arms Act read with sections 5 and 6 of TADA Act. A petition was filed under section 227 Cr PC by Eshar Singh, A 1 and Nanak Singh, A 2 praying that they should be discharged of all the charges levelled against them. The Designated Court after hearing the counsel for both sides partly allowed the petition holding that there is no sufficient ground to proceed against A 1 and A 2 as well as other accused facing trial for offences under sections 3(3) and 4(3) read with sections 5 and 6 of the T ADA Act and accordingly discharged them of the said offences and proceeded to frame charges only under the remaining sections of the Indian Penal Code and Section 27 of the Indian Arms Act. Questioning the same the present appeal is filed in this Court.

(2.) LEARNED counsel appearing for the State of Andhra Pradesh, the appellant submitted that there are number of allegations mentioned in the charge -sheet to the effect that the respondents accused have committed the offences punishable under TADA Act for which they are charge -sheeted and that the learned trial Judge grossly erred in holding that there is no prima facie case against the accused for the offences under TADA Act.

(3.) WE do not want to go into further details and make any observations inasmuch as the trial is still pending and the learned counsel appearing for the respondents also requested us not to make any such observation which may tend to influence the trial Judge.