Case Note & Summary
The petitioner, Asim Shariff, filed a writ petition under Articles 226 and 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973, seeking to set aside the order dated 02.01.2018 passed by the XLIX Additional City Civil and Sessions Judge (Special Court for Trial of NIA Cases) at Bengaluru in Spl. C.C. No.181/2017, and to discharge him from the offences punishable under Sections 302, 201 read with Section 34 of the Indian Penal Code, 1860, Sections 3 and 27 of the Arms Act, 1959, and Sections 15, 16, 17, 18 and 20 of the Unlawful Activities (Prevention) Act, 1967. The case originated from Crime No.124/2016 registered on 16.10.2016 by Commercial Street Police, Bengaluru, for the murder of one Rudresh. The complaint was filed by Jayaram (CW-1), who stated that while he was with Rudresh and others near Srinivas Medical Stores, Shivajinagar, a pillion rider on a motorcycle hacked Rudresh with a machete on the neck, causing his death. Initially registered against unknown persons, the investigation was later taken over by the National Investigation Agency (NIA). The petitioner sought discharge on the ground that there was no prima facie case against him. The High Court, after hearing arguments, held that at the stage of framing charges, the court need only see if a prima facie case exists. The petitioner failed to show that the material on record did not warrant framing of charges. The court found that the allegations, if proved, could constitute offences under the IPC, Arms Act, and UAPA. Accordingly, the petition was dismissed, and the trial court was directed to proceed with the case.
Headnote
A) Criminal Procedure Code - Discharge - Section 227 Cr.P.C. - Prima Facie Case - The court considered whether the petitioner, accused of murder and related offences, should be discharged. The court held that at the stage of framing charges, only a prima facie case is required, and the petitioner failed to demonstrate that no case was made out against him. (Paras 1-10) B) Unlawful Activities (Prevention) Act - Terrorist Act - Sections 15, 16, 17, 18, 20 - The court examined the applicability of UAPA provisions in the context of the murder of Rudresh. The court found that the allegations, if proved, could constitute a terrorist act under the Act, and thus discharge was not warranted. (Paras 5-8) C) Arms Act - Possession and Use of Arms - Sections 3 and 27 - The court noted that the use of a machete in the murder could attract provisions of the Arms Act, and the petitioner's involvement was prima facie established. (Paras 6-9)
Issue of Consideration
Whether the petitioner is entitled to be discharged for the offences punishable under Sections 302, 201 read with Section 34 of IPC, Sections 3 and 27 of Arms Act, and Sections 15, 16, 17, 18 and 20 of Unlawful Activities (Prevention) Act, 1967.
Final Decision
The writ petition is dismissed. The order dated 02.01.2018 passed by the XLIX Additional City Civil and Sessions Judge (Special Court for Trial of NIA Cases) at Bengaluru in Spl. C.C. No.181/2017 is confirmed. The trial court is directed to proceed with the case in accordance with law.
Law Points
- Discharge under Section 227 Cr.P.C.
- Prima facie case
- Standard of proof at framing of charges
- Unlawful Activities (Prevention) Act
- 1967
- Arms Act
- 1959
