Babu vs Union Of India
2024 Latest Caselaw 20656 Mad

Madras High Court

Babu vs Union Of India on 30 October, 2024

Author: S.M.Subramaniam

Bench: S.M.Subramaniam, V.Sivagnanam

                                                                            CRL.A.SR.No.44764 of 2024

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                        RESERVED ON             : 23.10.2024

                                        PRONOUNCED ON           : 30.10.2024

                                                     CORAM

                        THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
                                                       AND
                            THE HONOURABLE MR.JUSTICE V.SIVAGNANAM

                                           CRL.A.SR.No.44764 of 2024

                  Babu                                                      ... Appellant

                                                        Vs.

                  Union of India,
                  Represented by Additional Superintendent of Police,
                  National Investigation Agency,
                  Branch Office, Chennai.                                   ... Respondent

                  Prayer: Criminal Appeal filed under Section 21 (4) of National Investigation
                  Agency Act, 2008, to set aside the judgment and order in Cr.M.P.No.2524 of
                  2023 in RC.No.02 of 2023 and renumbered as Spl.S.C.No.2 of 2024 on the
                  file of Special Court under The National Investigation Agency Act, 2008
                  (Sessions Court for Exclusive Trial of Bomb Blast and POTA Cases) Chennai
                  at Poonamallee, Chennai – 56 and enlarge the petitioner on bail pending
                  disposal of the above appeal on the file of this Court.




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                                                                             CRL.A.SR.No.44764 of 2024



                                  For Appellant           : Mr.R.Sankarasubbu

                                  For Respondent          : Mr.AR.L.Sundaresan
                                                            Additional Solicitor General of India
                                                            Assisted by Mr.R.Karthikeyan
                                                            Special Public Prosecutor
                                                            [For National Investigation Agency]




                                                   JUDGMENT

S.M.SUBRAMANIAM, J.

The present criminal appeal has been filed challenging the judgment

and order in Cr.M.P.No.2524 of 2023 in RC.No.02 of 2023 and renumbered

as Spl.S.C.No.2 of 2024 on the file of Special Court under The National

Investigation Agency Act, 2008 (Sessions Court for Exclusive Trial of Bomb

Blast and POTA Cases) Chennai at Poonamallee, Chennai – 56 and enlarge

the petitioner on bail pending disposal of the above appeal on the file of this

Court.

2. The Registry of Madras High Court raised an objection with regard

to the maintainability of the criminal appeal in view of Section 21(5) National

Investigation Agency Act, 2008. Since we have settled the legal principles in

https://www.mhc.tn.gov.in/judis

Criminal Appeal Nos.1224 and 1225 of 2024 that the High Court cannot

condone the delay beyond the period of limitation as stipulated under Section

21(5) of the National Investigation Agency Act, 2008, the objection raised by

the Registry holds good and consequently, we are not inclined to entertain the

criminal appeal.

3. Accordingly, the Criminal Appeal in CRL.A.SR.No.44764 of 2024

stands dismissed at the SR stage itself.

                                                                [S.M.S., J.]       [V.S.G., J.]
                                                                          30.10.2024
                                                                             (3/3)
                  Jeni

                  Index : Yes

Speaking order / Non-speaking order Neutral Citation : Yes / No

To

1.The District and Sessions Judge, Special Court under the National Investigation Agency Act, 2008, Sessions Court for Exclusive Trial of Bomb Blast/POTA Cases, Poonamallee, Chennai.

2.The Special Public Prosecutor, High Court of Madras, Chennai – 600 104.

https://www.mhc.tn.gov.in/judis

S.M.SUBRAMANIAM, J.

and V.SIVAGNANAM, J.

Jeni

30.10.2024 (3/3)

https://www.mhc.tn.gov.in/judis