MRITYUNJAY KUMAR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Since both the appeals arise out of the same case, being Special (NIA) Case No. 02 of 2020, corresponding to R.C. No. 25 of 2020/NIA/DLI arising out of Chandwa P.S. Case No. 158 of 2019, with the consent of learned counsel for the parties, they are taken up together and are being disposed of by this common order.

(2.) Criminal Appeal (DB) No. 356 of 2023 is preferred under Sec. 21 of the National Investigating Agency Act, 2008 against order dtd. 16/2/2023 passed in Special (NIA) Case No. 02 of 2020 corresponding to R.C. No. 25 of 2020/NIA/DLI arising out of Chandwa P.S. Case No. 158 of 2019 registered under Ss. 147, 148, 149, 452, 302, 353 and 379 of the Indian Penal Code; Sec. 27 of the Arms Act, Sec. 17(i) and 17(ii) of the Criminal Law (Amendment) Act and Ss. 10, 13, 17 and 18 of the Unlawful Activities (Prevention) Act, 1967, whereby and whereunder the application filed under Sec. 227 of the Code of Criminal Procedure for discharge being Miscellaneous Criminal Application No. 128 of 2023 has been rejected.

(3.) Whereas Criminal Appeal No. 666 of 2023 has been filed against order dtd. 11/4/2023 in Special (NIA) Case No. 02 of 2020 by which charges have been framed against the appellant under Sec. 120B read with Ss. 121, 121A of the Indian Penal Code; under Sec. 10, 13, 17, 18, 39 and 40 of the Unlawful Activities (Prevention) Act, 1967.