- (1.) By Cr Misc Petition No.3560/2014, challenge is made to the order dated 29.5.2014, passed by the learned Chief Metropolitan Magistrate, Jaipur Metropolitan, dismissing the application moved by the petitioners for declaring the proceedings taken against them as null and void ab initio so as the order dated 28.6.2014 passed by the learned Additional Sessions Judge No.13, Jaipur Metropolitan on criminal revision petition against the order dated 29.5.2014. A further prayer is to declare remand of accused petitioners as null and void so as the custody and they may be discharged and set at liberty.
(2.) The petitioners have also challenged the order dated 21.6.2014 passed by the District & Sessions Judge, Jaipur (in Cr Misc Petition No.3420/2014), order dated 18.8.2014 passed by the District & Sessions Judge, Jaipur (in Cr Misc Petition No.3798/2014). The challenge to the aforesaid orders have been made on the same grounds as have been urged in the main Cr Misc Petition No.3560/2014 and separate arguments were made.
(3.) The brief facts of the case are that Police Station CID, Jaipur, CID (SOG) registered an FIR No.3/2014 on 23.3.2014 and started investigation disclosing the fact that the petitioners are accomplices of Pakistani terrorist Wakas @ Zia-ur-Rehman. They were found to be members of proscribed terrorist organisation Indian Muzahideen. The accused petitioners were working under the directions of hardcore Indian Muzahideen terrorists Riyaz Bhatkal and Iqbal Bhatkal for operating terrorist activities with the help of ISI. A case was accordingly registered for offence under sections 4 and 5 of the Explosive Substances Act, 1908, sections 3/10, 13, 16, 18 and 20 of the Unlawful Activities (Prevention) Act, 1967 (for short 'the UAP Act') and section 120B IPC. A report was sent to the State Government on 15.4.2014 as per section 6(1) of the National Investigation Agency Act, 2008 (for short 'the NIA Act'). On 19.4.2014, the State Government sent a report to the Central Government as is required under section 6(2) of the NIA Act. The investigation, thereafter continued by the State Police in absence of any direction of the Central Government under the Act of 2008.;