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Madras High CourtCRL A/742/2024dismissed

Mubariz Ahamed @ Muparish Ahamed v. The Deputy Superintendent Of Police

2024-10-03Honourable Mr Justice S.M. Subramaniam,Honourable Mr Justice V.Sivagnanam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.10.2024 CORAM :

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE V.SIVAGNANAM Crl.A.No.74 and Crl.M.P.No.8495 of 2024 Mubariz Ahamed @ Muparish Ahamed ... Appellant Vs.

The Deputy Superintendent of Police, National Investigation agency, Kochi.

(R.C.No.1/2019/NIA/DLI Keelakarai Case) ... Respondent Prayer: Criminal Appeal filed under Section 21 of National Investigation Agency Act, praying to call for the records in Crl.M.P.No.1894 of 2023 dated 14.05.2024 in Spl.S.C.No.25 of 2022 on the file of Special Court under the NIA Act, 2008, (Sessions Court for Exclusive Trial of Bomb Blast Cases), Poonamalle, Chennai and set aside the same and discharge the appellant. For Appellant : Mr.P.Pugalenthi For Respondent : Mr.R.Karthikeyan Special Public Prosecutor for NIA *******

J U D G M E N T

(Judgment of the Court was delivered by S.M.SUBRAMANIAM, J.) The Criminal Appeal on hand has been instituted to set aside the order dated 14.05.2024 passed in Crl.M.P.No.1894 of 2023 in Spl.S.C.No.25 of 2022 on the file of the Special Court for cases under the National Investigation Agency Act, 2008, (Sessions Court for Exclusive Trial of Bomb Blast Cases), Poonamalle, Chennai.

2. The learned Special Public Prosecutor Mr.R. Karthikeyan, would submit that the Special Appeal has been instituted against the order of dismissal passed by the Special Court in discharge petition filed by the petitioner herein. During the pendency of the present appeal the trial Court framed charges on 27.09.2024 and posted the case for trial on 19.10.2024.

3. In view of the said development, no further adjudication needs to be entertained in respect of the grounds raised in the present criminal appeal. The petitioner is at liberty to defend his case by participating in the process of trial.

4. With these observations, this Criminal Appeal is dismissed. Consequently, the connected miscellaneous petition is closed. [S.M.S., J.] [V.S.G., J.] 03.10.2024 Index: Yes/No Speaking/Non-speaking order dsa To 1.The Deputy Superintendent of Police, National Investigation agency, Kochi.

2.The Public Prosecutor, Madras High Court, Chennai - 104.

S.M.SUBRAMANIAM, J.

AND V.SIVAGNANAM, J.

dsa 03.10.2024