National Investigation Agency New ... vs Owais Amin @ Cherry
Judges (2)
Case Significance
National Investigation Agency New ... vs Owais Amin @ Cherry is a Supreme Court of India decision dated May 17, 2024 (citation: insc-2024-447). NIA challenged the High Court of J&K's partial confirmation of a Special Judge's order declining cognizance of charges under Section 120-B of the RPC, 1989 and UAPA against the respondents, who were accused in a terrorism case. The Court found the non-compliance with Section 196-A of the CrPC (prior authorization for prosecution of conspiracy) was a curable defect, but since CrPC 1989 was in force when the investigation was completed before the appointed day of the CrPC 2019 amendment. The ap The bench comprised Justices M.M. Sundresh and S.V.N. Bhatti. The judgment was delivered by Justice M.M. Sundresh. Counsel appearing: D. Mahesh Babu (counsel for respondent), S.V. Raju (counsel for appellant).
Summary
NIA challenged the High Court of J&K's partial confirmation of a Special Judge's order declining cognizance of charges under Section 120-B of the RPC, 1989 and UAPA against the respondents, who were accused in a terrorism case. The Court found the non-compliance with Section 196-A of the CrPC (prior authorization for prosecution of conspiracy) was a curable defect, but since CrPC 1989 was in force when the investigation was completed before the appointed day of the CrPC 2019 amendment. The appeal was partly allowed, granting NIA liberty to seek proper authorization and proceed with cognizance.
What was the outcome of National Investigation Agency New ... vs Owais Amin @ Cherry?
NIA challenged the High Court of J&K's partial confirmation of a Special Judge's order declining cognizance of charges under Section 120-B of the RPC, 1989 and UAPA against the respondents, who were a...
Judgment
Read the full judgment on the official India Courts portal.
Read on Indian KanoonSource: Indian Kanoon (insc-2024-447)