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BABU v. STATE REP BY
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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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]
J U D G M E N T
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
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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.
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S.M.SUBRAMANIAM, J.
and
V.SIVAGNANAM, J.
Jeni
CRL.A.SR.No.44764 of 2024
30.10.2024
(3/3)
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