NATIONAL INVESTIGATION AGENCY Vs. OWAIS AMIN @ CHERRY

JUDGEMENT

(1.) This is an appeal under Section 21 of the National Investigation Agency Act, 2008 against the order dated 06.03.2020 passed by the learned Special Judge, NIA, Jammu to the extent that the accused-respondents herein have been discharged under Section 120-B, 121, 121-A & 122 of the Ranbir Penal Code (for short 'RPC') in FIR No. RC03/2019/NIA/JMU.

(2.) Further the challenge in the present appeal also is to the extent that even when the chargesheet presented before the court contained offences under Section 306 and 411 RPC as also Section 39 of the Unlawful Activities (Prevention) Act, yet the trial court at the stage of framing of charge failed to record any reason for not framing of charge under the aforementioned sections.

(3.) Briefly stated the material facts are as under: