Jammu and Kashmir State Ranbir Penal Code SVT., 1989 – Sections 306 and 411 – Unlawful Activities (Prevention) Act, 1967 – Section 39 – The case involves charges against respondents for attempting to ambush a CRPF convoy with explosives – The Special Judge, NIA, took cognizance for some offences but not others due to procedural issues – The appeal challenges the High Court’s judgment on the cognizance of charges under various sections of the RPC, 1989, and UAPA, 1967, particularly focusing on the applicability of Section 196-A of JK CrPC, 1989 – The National Investigation Agency argues that post the Jammu & Kashmir Reorganisation Act, 2019, the CrPC, 1973 should apply, and the need for authorization under CrPC, 1989 is not required – The respondents argue that the complaint was conveyed when CrPC, 1989 was in force, and non-compliance recorded by the court should be upheld – The Supreme Court allows the appeal in part, allowing the appellant to seek appropriate authorization under CrPC, 1989, and directing the trial court to take cognizance if the appellant complies with the required authorization under CrPC, 1989.
(2024) INSC 447 SUPREME COURT OF INDIA DIVISION BENCH NATIONAL INVESTIGATION AGENCY NEW DELHI — Appellant Vs. OWAIS AMIN @ CHERRY AND OTHERS — Respondent ( Before : M. M.…