Madras High Court
Union Of India Represented By Its vs Shahabuddin Hossain @ Md.Sahab Uddin ... on 13 August, 2024
Author: S.M.Subramaniam
Bench: S.M.Subramaniam, V.Sivagnanam
Crl.A.No.1038 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.08.2024
CORAM :
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM
AND
THE HONOURABLE MR. JUSTICE V.SIVAGNANAM
Crl.A.No.1038 of 2024
Union of India represented by its
The Superintendent of Police,
National Investigation Agency,
No.10, Millers Road, Purasaiwakkam,
Chennai – 600 010.
[RC.No.02/2023/NIA/CHE] ... Appellant
Vs.
1.Shahabuddin Hossain @ Md.Sahab Uddin (A-1)
2.Munna @ Noor Karim @ Nur Karim (A-5)
3.Babu SK @ Babu Shoriful @ MD Soriful Babumiya (A-2)
... Respondents
PRAYER: Criminal Appeal filed under Section 21 of National
Investigation Act, praying to set aside the order passed by the learned
Special Judge for NIA cases (Special Court for Bomb Blast Case)
Poonamallee, Chennai in Memo in SR.No.839/2024 in RC-
02/2023/NIA/CHE (SPL SC No.02/2024) dated 9th Day of July, 2024.
For Appellant : Mr.R.Karthikeyan
Special Public Prosecutor
https://www.mhc.tn.gov.in/judis
Page 1 of 7
Crl.A.No.1038 of 2024
JUDGMENT
(Order of the Court was made by S.M.SUBRAMANIAM, J.)
Under assail is the Judgment dated 09.07.2024 in Memo in
SR.No.839/2024 in R.C.No.02/2023/NIA/CHE.
2. Under the provisions of National Investigation Agency Act,
2008, actions were initiated by the Chief Investigation
Officers/Superitendent of Police, National Investigation Agency.
3. Admittedly, one charge sheet vide charge no.02/2024 was
filed against one Babu SK @ Babu Shoriful @ MD Soriful Babumiya for
the offences punishable under Sections 370 (3), 465, 468 and 471 of IPC,
Sections 14, 14A and 14B of Foreigners Act, Section 12 (1-A) of the
Passports Act, 1967 and Section 3 of Passport (Entry into India) Act,
1920 and the Rules made thereunder i.e. Rule 3 r/w Rule 6 of Passport
(Entry into India) Rules, 1950.
4. Another charge sheet vide charge no.03/2024 has been filed
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against Shahabuddin Hossain @ Md.Sahab Uddin (A1) and Munna @
Noor Karim @ Nur Karim (A5) for the offences punishable under
Section 465 and 471 IPC, Sections 14 & 14A of Foreigners Act and
Section 3 of the Passport (Entry into India) Act, 1920 and the rules made
thereunder i.e. Rule 3 r/w Rule 6 of Passport (Entry into India) Rules,
1950.
5. The Trial Court made a finding in the order impugned that
since Shahabuddin Hossain @ Md.Sahab Uddin (A1) and Munna @
Noor Karim @ Nur Karim (A5) are victims of Babu SK @ Babu Shoriful
@ MD Soriful Babumiya (A2), two separate charge sheets were filed.
Accordingly, one sessions case number Spl.SC.No.02 of 2024 for
RC.02/2023/NIA/Che was allotted.
6. Challenging the said action of the Trial Court,
Mr.R.Karthikeyan, the learned Special Public Prosecutor appearing on
behalf o the appellant/National Investigation Agency would submit that
the nature of the charge sheet is entirely different. The allegations are
also unconnected. In respect of the first charge sheet vide charge
https://www.mhc.tn.gov.in/judis
no.02/2024, Babu SK @ Babu Shoriful @ MD Soriful Babumiya is the
accused. However, in charge No.03/2024, Mr.Shahabuddin Hossain @
Md.Sahab Uddin (A1), who is the victim in charge No.02/2024. The
allegation against Mr.Shahabuddin Hossain @ Md.Sahab Uddin in
Charge Sheet vide charge No.03/2024 is that he has forged Government
Documents including Passport, Aadhar Card etc., and illegally stayed in
India. Therefore,the allegations against Mr.Sahabuddin Hossain @
Md.Sahab Uddin (A1) in charge sheet No.03/2024 is noway connected
with the allegations against Babu SK @ Babu Shoriful @ MD Soriful
Babumiya in charge sheet No.02/2024.
7. Since the charges are distinct and differenct, the trial court
ought to have allotted two separate Sessions Case Numbers for the
purpose of conducting trial. In the event of conduting trial under the
same Sessions Case Number, it will cause prejudice to the prosecution to
establish the offences against the accused persons in respect of two
different charge sheets in Charge Nos.2 and 3 of 2024.
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8. Since the nature of accusations are different and charges are
framed with distince allegation, the order impugned passed by the trial
court by invoking Section 223 of Criminal Procedure Code is not in
consonance with the provisions and scope of the facts relating to this
case. Thus, we are inclined to interfere.
9. In view of the facts and circumstances, the order impugned
dated 09.07.2024 in Memo in SR.No.839/2024 in
R.C.No.02/2023/NIA/CHE is quashed and the Special Court under the
National Investigation Agency Act, 2008 is directed to allot two Sessions
Case Numbers for Charge Sheet No.02/2024 and Charge Sheet
No.03/2024 and thereafter take cognizance separately and accordingly
proceed with the trial by following the procedures as contemplated.
10. Accordingly, this Criminal Appeal stands allowed.
[S.M.S., J.] [V.S.G., J.]
13.08.2024
Index : Yes/No
Speaking Order : Yes/No
Neutral Citation : Yes/No
veda
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To
The Superintendent of Police,
National Investigation Agency,
No.10, Millers Road, Purasaiwakkam,
Chennai – 600 010.
https://www.mhc.tn.gov.in/judis
S.M.SUBRAMANIAM, J.
AND
V.SIVAGNANAM, J.
veda
13.08.2024
https://www.mhc.tn.gov.in/judis
