Court clarifies that charge framing orders are not interlocutory and appeals against them are maintainable under Section 21 of the NIA Act.
In a significant ruling, the Allahabad High Court, Lucknow Bench, dismissed a petition filed under Article 227 of the Constitution of India challenging an order framing charges under Section 121A of the IPC by a Special Court under the National Investigation Agency Act (NIA Act). The petitioner, Satendra Siwal, sought to contest the order on the grounds that it was interlocutory and, hence, not appealable.
Presiding over the case, Justice Subhash Vidyarthi examined the contention that the order framing charges was interlocutory, thereby precluding the possibility of an appeal under Section 21 of the NIA Act. The petitioner relied on precedents, including the case of V.C. Shukla v. State, where a larger bench had previously held such orders to be interlocutory.
However, the court rejected these arguments, citing a more recent interpretation by the Supreme Court in Asian Resurfacing of Road Agency (P) Ltd. v. CBI, which clarified that orders framing charges are neither purely interlocutory nor final. Justice Vidyarthi emphasized that the legal position, as reiterated by the Supreme Court, allows for appeals against such orders under the NIA Act, thereby rendering the petition under Article 227 non-maintainable.
The court also noted discrepancies between the provisions of the repealed Special Courts Act, 1979, which V.C. Shukla addressed, and the current NIA Act. It highlighted that the NIA Act's framework allows for appeals to be filed before a Division Bench of the High Court, whereas the Special Courts Act had appeals directed to the Supreme Court.
In dismissing the petition, the High Court underscored the importance of judicial discipline, indicating that the matter should be addressed through a statutory appeal before a Division Bench, rather than a Single Judge Bench. The court left open the option for the petitioner to pursue this course of action.
Bottom Line :
An order framing charges under Section 121A IPC by a Special Court under the NIA Act is not an interlocutory order, and a statutory appeal against such an order is maintainable under Section 21 of the NIA Act.
Statutory provision(s):
Section 21 of the National Investigation Agency Act, 2008, Article 227 of the Constitution of India, Section 121A of the IPC, Sections 3/5/9 of the Official Secrets Act 1923.
Satendra Siwal v. State of U.P., (Allahabad)(Lucknow) : Law Finder Doc id # 2962162
