JAI KISHAN SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) These two appears have been preferred under Section 21 of the National Investigation Agency Act, 2008 against the order, dated 14.11.2019, passed by the learned Special Judge, Yupia in Case No. RC-03/2019/NIA/GUW under Sections 302/307/34 of the IPC read with Sections 25(1b)(a) and 27 of the Arms Act and Sections 10/13/16/17/18 and 20 of the Unlawful Activities (Prevention) Act, 1967 (hereinafter referred to as UAP Act).

(2.) The aforesaid Case No.RC-03/2019/NIA/GUW arose out of Khonsa PS Case No. 28/2019 under Sections 302/307/34 of the IPC read with Sections 25(1b)(a) and 27 of the Arms Act and Sections 10/13/16/17/18 and 20 of the UAP Act.

(3.) The fact leading to the case is that, the informant CT. Nokliam Tekwa, lodged the FIR before the officer-in-charge, Khonsa Police Station informing inter-alia that while a convoy of Tirong Aboh, M.L.A. was crossing Pansumthong Village area, the convoy was suddenly ambushed and attacked by suspected armed undergrounds. In the said incident Tirong Aboh and 10 others were killed. On the basis of the said FIR, Khonsa Police Station Case No. 28/2019 was registered under Sections 302/307/34 of the IPC read with Section 25(1b)(a) and 27 of the Arms Act and Sections 10 and 13 of the UAP Act. Thereafter, the State Government of Arunachal Pradesh forwarded the matter to the Central Government under the provisions of Section 6(2) of the NIA Act, 2008 and thereafter, the Central Government in its Ministry of Home Affairs, vide its order dated 06.06.2019 directed the NIA to investigate the said case under the provisions of Section 6(3) of the NIA Act and, accordingly, the FIR was re-registered on 10.06.2019 and NIA Case No. RC-03/2019/NIA GUW was registered.