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The Supreme Court on Friday, 17th May. 2024 had given its judgment on the case of National Investigation Agency, New Delhi versus Owais amin @ Cherry and others.

In the case, the appellant side who were from the National Investigation Agency( NIA) had filed an instant appeal before the Supreme Court to challenge the judgment which was given by the Division Bench of the High Court of Jammu and Kashmir. The Division Bench of the High Court had rendered the judgment of the Special court of the National Investigation Agency, jammu and in that judgment by the special court the respondent was charged under Sections 306 and 411 of the Jammu and Kashmir State Ranbir Penal Code SVT., 1989.

A case was registered against the respondents under Sections 307, 120-B, 121, 121-A and 124-A of RPC, 1989, Sections 4 and 5 of the Explosive Substances Act, 1908, and Sections 15, 16, 18 and 20 of the UAPA, 1967 by the jurisdictional police.

After when the case was filed then the the respondents were charge-sheeted for the offences under sections 306, 309, 307, 411, 120-B, 121, 121-A and 122 of CRPC, 1989, sections 16, 18, 20, 23, 38 and 39 of UAPA, 1967, Sections 3 and 4 of explosive Substances Act, 1908 and Section 4 of the Jammu & Kashmir Public Property (Prevention of Damage) Act, 1985, for making an attempt to ambush and tried to Damage the convoy of Central Reserve Police Force (CRPF) personnel by a Santro car filled with explosives.

While listening the arguments of both the sides regarding the case. The Special court, NIA had held that the complaint which is conveyed by the district Magistrate was not available in the prescribed form.

After this response from the Special court of NIA. Then, the appellant went before the High Court of Jammu and Kashmir but after reading all the facts and hearing both sides ,the High Court had uphold the judgment of the Special judge and agreed on all the terms which the special court of NIA had mentioned in their judgment regarding this case.

Finally, the appellant challenged this decision of the High Court of Jammu and Kashmir before the Supreme Court and the after taking the cognizance of the case, the Apex court in their judgment said that :

“ In such view of the matter, we are inclined to set aside the impugned judgment insofar as it confirms the judgment of the Special Judge, NIA, in not taking cognizance for the offence punishable under Section 120-B of the RPC, 1989. Accordingly, we give liberty to the appellant to comply with the mandate of Section 196-A of the CrPC, 1989, by seeking appropriate authorization or empowerment as the case may be. Needless to state, if such a compliance is duly made, then the Trial Court shall undertake the exercise of taking cognizance, and proceed further with the trial in accordance with law.”



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