1. All the aforesaid appeals have been filed against the order dated 04.05.2016, passed by Special Judge, N.I.A, Lucknow in Case Crime No. 964 of 2014 and Case Crime No. 965 of 2014 corresponding to R.C No. 01/2015.N.I.A/Delhi, under Sections 121-A, 122 of the IPC and Sections 18, 13, 23 of Unlawful Activities (Prevention) Act, 1967. By the aforesaid order, the learned trial court had rejected the application of the appellants filed under Section 227 of the Code of Criminal Procedure and had framed charges against them and then proceeded with the trial.
2. On the last date, a Bench of this Court had made a query from the learned counsel for the appellants as to whether the present appeals are maintainable under Section 21 of the National Investigation Agency Act, 2008.
3. Today, learned counsel appeared and submitted that in view of the judgments of Hon'ble the Supreme Court in Amar Nath v. State of Haryana, reported in AIR 1977 Supreme Court 2185 and Madhu Limaye v. State Of Maharashtra., reported in AIR 1978 Supreme Court 47, the orders passed by the learned court below is final and, therefore, the present appeals are maintainable under Section 21 of the National Investigation Agency Act, 2008.
4. On the other hand, Ms. Shikha Sinha, learned counsel appearing for the respondents submitted that the aforesaid order is interlocutory order, therefore, the appeals under Section 21 of the National Investigation Agency Act, 2008 are not maintainable.
5. Having heard learned counsel for the parties, we have gone through the provisions of law as well as the judgments cited by learned counsel for the appellants.
6. From perusal of the impugned order, it appears that the right of appellants to get themselves discharged at the threshold has been denied by the learned trial court. Thus, in our view, the said order comes within four corners of final order as per law laid down by the Hon'ble Supreme Court in Amar Singh's case (supra) as well as in Madhu Limaye's case (supra). Thus, we are holding that the order impugned is a final order, therefore, appealable under Section 21 of the National Investigation Agency Act, 2008.
7. It appears that the charge has already been framed and the learned court below proceeding with the trial. Under the said circumstance, it is in the interest of justice, to dispose of these appeals at the admission stage itself after considering the merits of the case.
8. In that view of the matter, we call for the lower court record along with case diary. We further direct the trial court to send the record as well as case diary positively by 28th of November, 2016.
9. Put up on 28 of November, 2016 for hearing in the admission matter along with lower court record and case diary.
10. In the meantime, we stay the further proceedings of R.C No. 01/2015.N.I.A/Delhi pending in the Court of Special Judge, N.I.A, Lucknow.