- 1 - HC-KAR NC: 2025:KHC:24156 CRL.RP No. 1221 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL REVISION PETITION NO. 1221 OF 2022 (397(Cr.PC) / 438(BNSS)) BETWEEN: THE STATE OF KARNATAKA BY SADASHIVANAGAR POLICE STATION, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560001. …PETITIONER (BY SRI. RAJAT SUBRAMANYAM, HCGP) AND: MOHAMMED HABEEB @ HABEEB MIYA @ HABEEB, S/O. GHANI MIYA, AGED ABOUT 41 YEARS, R/AT MUSLIMPURA, JOGENDRA NAGAR, AGARTALA, TRIPURA-799004. …RESPONDENT (BY SRI. SADDAM R MULLA, ADVOCATE FOR MOHAMMED TAHIR, ADVOCATE) THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 14.06.2021 IN S.C.NO.953/2017 C/W S.C.NO.1386/2016 PASSED BY THE XLIX ADDL. CITY CIVIL AND SESSIONS JUDGE (SPECIAL COURT FOR NIA CASES) BANGALORE. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE G BASAVARAJA Digitally signed by LAKSHMINARAYAN N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:24156 CRL.RP No. 1221 of 2022 ORAL ORDER The State has preferred this Revision Petition under Section 397 read with 401 of Code of Criminal Procedure against the order dated 14.06.2021 passed by the XLIX Addl. City Civil & Sessions Judge, (Special Court of NIA Cases), Bengaluru on application filed under Section 227 of Code of Criminal Procedure in S.C.No.953/2017 c/w. S.C.No.1386/2016 2. Learned counsel for respondent would submit that the impugned order passed by the Special Court for NIA cases cannot be called in question in revision in view of Section 21 of National Investigation Agency Act, 2008 where the appeal shall lie from any judgment, sentence or order, not being an interlocutory order, of a Special Court to the High Court both on facts and on law. 3. On perusal of the impugned order, it is clear that accused No.7 has filed application under Section 227 of Cr.P.C. to discharge him from the offences punishable - 3 - HC-KAR NC: 2025:KHC:24156 CRL.RP No. 1221 of 2022 under Sections 120B, 121, 121A, 122, 123, 307 and 302 of the Indian Penal Code, 1860, Sections 25, 27 of the Indian Arms Act, 1959, Sections 3, 4, 5 and 6 of the Explosive Substances Act, 1908 and Sections 10, 13, 16, 17, 18 and 20 of the Unlawful Activities (Prevention) Act, 1967. 4. Section 21 of the National Investigation Agency Act, 2008 reads as under: 21. Appeals.— (1)Notwithstanding anything contained in the Code, an appeal shall lie from any judgment, sentence or order, not being an interlocutory order, of a Special Court to the High Court both on facts and on law. (2) Every appeal under sub-section (1) shall be heard by a bench of two Judges of the High Court and shall, as far as possible, be disposed of within a period of three months from the date of admission of the appeal. (3) Except as aforesaid, no appeal or revision shall lie to any court from any judgment, sentence or order including an interlocutory order of a Special Court. (4) Notwithstanding anything contained in sub-section (3) of section 378 of the Code, an appeal shall lie to the High Court - 4 - HC-KAR NC: 2025:KHC:24156 CRL.RP No. 1221 of 2022 against an order of the Special Court granting or refusing bail. (5) Every appeal under this section shall be preferred within a period of thirty days from the date of the judgment, sentence or order appealed from: Provided that the High Court may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that the appellant had sufficient cause for not preferring the appeal within the period of thirty days: Provided further that no appeal shall be entertained after the expiry of period of ninety days. 5. In view of the aforesaid provision, this Revision Petition filed by the State under Section 397 read with 401 of Code of Criminal Procedure, is not maintainable before this Court. 6. Hence, I proceed to pass the following: ORDER i. Criminal Revision Petition filed under Section 397 read with 401 of Code of - 5 - HC-KAR NC: 2025:KHC:24156 CRL.RP No. 1221 of 2022 Criminal Procedure is not maintainable under law. ii. The State is permitted to withdraw this Revision Petition with a liberty to take necessary legal steps to challenge the impugned order passed by the Trial Court. iii. The State can avail the benefit of Section 14 of the Limitation Act, 1963 for the time spent before this Court having filed this revision petition before this Court without jurisdiction. iv. Criminal Revision Petition, accordingly stands disposed of. Sd/- (G BASAVARAJA) JUDGE SSD List No.: 1 Sl No.: 8