Patna High Court
Nooruddin Jangi @ Advocate Nooruddin vs The Union Of India Through National … on 28 August, 2025
Author: Rajeev Ranjan Prasad
Bench: Rajeev Ranjan Prasad
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.130 of 2025
Arising Out of PS. Case No.-31 Year-2022 Thana- NIA District- Patna
======================================================
Nooruddin Jangi @ Advocate Nooruddin S/O Late Md. Mouddin @
Mohiuddin @ Late Md. Mohiddin R/o Muhalla Urdu Bazar, Sher Mohammad
Gali, P.S.- Laheriasarai, Distt.- Darbhanga. ... ... Petitioner/s
Versus
The Union of India through National Investigation Agency Patna
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Tahir, Advocate (Virtual Mode)
Mr. Navneet Prabhakar, Advocate
Mr. Sunil Kumar Singh, Advocate
Mr.Pankaj Kumar Das, Advocate
Mr. Nilmani Raj, Advocate
For the Respondent/s : Mr.Dr. Krishna Nandan Singh (A.S.G)
Mr. Arvind Kumar, Spl.P.P., NIA
Shivaditya Dhari Sinha, Adv.
Mr. Paritosh Parimal, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
and
HONOURABLE MR. JUSTICE SOURENDRA PANDEY
CAV JUDGMENT
(Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)
Date : 28-08-2025
The petitioner has invoked the extraordinary writ
jurisdiction of this Court under Article 226 of the Constitution of
India as also the jurisdiction of the Court under Article 227 to
qaush and cancel the order dated 20.04.2024 (Annexure-P/3)
passed by the learned Special Court of NIA, Patna whereby and
whereunder the learned court has been pleased to reject the
discharge application of the petitioner filed under Section 227 of
the Code of Criminal Procedure (in short 'CrPC') (as existed prior
to its repeal). The petitioner is seeking discharge in connection
with Special Case No.7 of 2022 arising out of NIA Case No.R.C.
Patna High Court CR. WJC No.130 of 2025 dt.28-08-2025
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No.31 of 2022 in connection with Phulwarisharif P.S. Case No.827
of 2022, subsequently re-registered as NIA FIR No. RC
31/2022/NIA/DLI dated 22.07.2022 for the offences punishable
under Sections 120, 120B, 121, 121A, 153, 153B/34 of the Indian
Penal Code (in short 'IPC') and Sections 13, 18, 18A, 18B and 20
of the Unlawful Activities (Prevention) Act, 1967 (in short 'UAPA
Act'). It is his submission that the application seeking discharge
filed under Section 227 CrPC before the learned trial court be
allowed.
2. From the prosecution story as stated in paragraph '4' of
the writ petition as also from the narration of facts present in the
impugned order, it is noticed that on 12.07.2022 the Police
Inspector-cum-Police Station Incharge, Phulwarisharif recorded
his written statement wherein he alleged that on 11.07.2022 at
around 19.30 hours he received secret information that some
persons are gathered in his jurisdiction to create disturbance during
Patna visit of the Prime Minister of India and they were being
trained for this incidence since last 15 days. On the said
information, a team was constituted which proceeded towards
Ahmad Palace Naya Tola. It was found that some unknown
persons were conducting meeting at second floor of the Ahamd
Palace from last two months and a meeting had also been
Patna High Court CR. WJC No.130 of 2025 dt.28-08-2025
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conducted on 6-7th July. A search was conducted in the premises in
presence of two independent witnesses. Police recovered 5 set of
document titled "India 2047 Towards Rule of Islamic India,
Internal Document; not for circulation", 25 Pamphlets of Popular
Front of India 20th February 2021 written in Hindi and 30
Pamphlets in Urdu were recovered beneath the mattress, 49 pieces
of red flags kept in a bag under the Chauki was also recovered.
Apart from that 2 booklets and a copy of non-judicial stamp
containing typed rent agreement was also recovered. In course of
interrogation, police gathered that Athar Parvej was developing an
organization to take revenge of atrocities being done against the
Muslim communities upon instruction received by the P.F.I. party
and he was planning to counter attack for this purpose. Athar
Parvej allegedly named 23 persons and termed them as his active
associate for his mission. So far as role of this petitioner is
concerned, it has come in the various paragraphs of the charge-
sheet that he was associated with banned organization P.F.I. and his
role was more than that of an advocate.
3. Paragraph 17.8 and 17.9 of the charge-sheet are being
reproduced hereunder:-
"17.8 During the course of investigation,
the seizure made by NIA during searches on
28.07.2022
at 09 places and on 08.09.2022 at 20
places/ premises of accused parsons and suspects
Patna High Court CR. WJC No.130 of 2025 dt.28-08-2025
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including the premises of FIR named accused
persons namely Athar Parvej (A-1), Nooruddin
Zangı @ Advocate Nooruddin(A-19), Arman
Malick(A-25), Sanaullah (A-5), Riyaz Moarif (A-4)
and Tausif Hussain @ Tausif Alam (A-6) were
analysed for collecting the evidences against the
arrested accused persons unearth the larger
conspiracy in the instant case.
17.9 Investigation brought out that during
the scrutiny of seized document “One White Colour
“2020” diary from the house search of accused
Tausif Alam @ Tausif Husseini (A-6) S/o Abdul
Manan R/o Makiya, PS-Benipatti, Distt-
Madhubani,, Bihar revealed that training was
organised by PFI. The contents of the seized
document revealed that the training was imparted to
the PE cadres and the refresher courses were
organised for the PE instructors. The seized
documents confirmed the association of accused
Nooruddin Zangi @ Advocate Nooruddin (A-19)
with Popular Front of India and his involvement in
the criminal conspiracy in the instant case with
other co-accused persons in recruitment and
training to achieve the common object. The seized
documents from the house search of accused
Nooruddin Zangi @ Advocate Nooruddin (A-19)
also confirmed his association with Popular Front
of India.”
4. Learned counsel for the petitioner submits that in this
case there is no iota of evidence on the record to connect the
petitioner of the offences under Sections 121, 121A and 122 of
IPC. It is also submitted that there is no evidence at all which can
fit into the ingredient of Section 15 of the UAPA Act. The
allegation against the petitioner is that he was providing legal
assitance to the P.F.I. and taken interview of some beneficiaries
Patna High Court CR. WJC No.130 of 2025 dt.28-08-2025
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which would not constitute any offence. Learned counsel has
relied upon the judgment of the Hon’ble Supreme Court in the case
of Sajjan Kumar Vs. Central Bureau of Investigation (2010) 9
SCC 368 to submit before this Court that at the stage of Section
227 and 228 CrPC the Court is required to evaluate the material
and documents on record with a view to find out if the facts
emerging therefrom taken at their face value discloses the
existence of all the ingredients constitute the alleged offence. It is
pointed out that if two views are possible and one of them gives
rise to suspicion only, as distinguished from grave suspicion, the
trial judge will be empowered to discharge the accused and at this
stage, the Court is not to see whether the trial will end in
conviction or acquittal.
5. Learned counsel has further submitted that the learned
Special Judge has erroneously relied on certain materials which are
produced with the charge-sheet to make bedrock to deny the
relief to the petitioner. It is his submission that none of those
materials would qualify to the charges levelled against the
petitioner in this case. In paragraph ’15’ of the writ petition the
petitioner has pointed out certain facts and material which
according to him would not qualify to charge the petitioner. Those
are as under:-
Patna High Court CR. WJC No.130 of 2025 dt.28-08-2025
6/13“a. Petitioner is the state committee member
of NCHRO and legal in-charge of PFI, whereas the fact
is NCHRO is a Human right organization, and extent
legal assistance to PFI, and in no stretch of imagination
it constitute any offence under any law.
b. PFI letterhead found in the Mobile phone
of petitioner and learned trial court opined that no
advocate use the letter head of the client is such
manner, whereas fact is it is regular practice for the
printing any content client used to forward their letter
head to their advocate, and content and purpose of
letter head is very important before implicating any
professional into such grave offences, which learned
trial court fails to appreciate.
c. Name of petitioner found in the diary of one
the co-accused, this is common allegation against the
PFI organization that they used to organize legal
awareness camps, and it is also available in the record
that petitioner has the proximity with the PFI for the
legal work, they it is natural petitioner must have
address such legal awareness camp, other than this
petitioner has no relation with any dispensation, and
such activity and association doesn’t constitute any of
alleged offences.
d. Another allegation levelled against the
petitioner and learned trial court considered in the
favour of NIA that petitioner has taken the interview of
scholarship seeker’s students and such act considered
as recruitment of members of organization, which is
perverse and illegal, whereas the fact is alleged
organization was primarily involve in the social
activities in this process they do lot of empowerment
Patna High Court CR. WJC No.130 of 2025 dt.28-08-2025
7/13work and petitioner has consciously involve in only
those selective works which match with his
professional competency and skill, during that period
when organization was lawfully, such association for
whatever bonafide reason doesn’t translate to any
offence.”
6. In course of submissions, learned counsel for the
petitioner has further submitted that the P.F.I. was not declared a
terrorist organization and there is no notification under Section 35
of the UAPA Act. It is also submitted that the P.F.I. organization
was banned by issuing a notification under Section 3 of the UAPA
Act on the ground that it is an unlawful association. An unlawful
association has been defined under Section 2(p) of UAPA Act and
in terms of sub-clause (ii) of clause (p) of Section 2 an unlawful
association means any association which has for its object any
activity which is punishable under section 153A or section 153B of
the Indian Penal Code, or which encourages or aids persons to
undertake any such activity, or of which the members undertake
any such activity. Provided that nothing contained in sub-clause
(ii) shall apply to the State of Jammu and Kashmir.
7. Learned counsel has relied upon the judgments of the
Hon’ble Supreme Court in the case of Laxmipat Choraria and
Ors. Vs. State of Maharashtra reported in AIR 1968 SC 938,
Vernon Vs. The State of Maharashtra (2023) 15 SCC 56,
Patna High Court CR. WJC No.130 of 2025 dt.28-08-2025
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Hitendra Vishnu Thakur and Ors. Vs. State of Maharashtra
and Ors. (1994) 4 SCC 602 and a judgment of the Hon’ble
Calcutta High Court (Central Bureau of Investigation VS.
Mrinmony Chandra) reported in 2024 SCC OnLine Cal 944. It
is submitted that in the case of Vernon (supra), the Hon’ble
Supreme Court has held that mere possession of the literature,
even if the content thereof inspires or propagates violence, by itself
cannot constitute any of the offences within Chapters IV and VI of
the UAPA. In the said case, the accused-appellant was granted bail
after observing that mere holding of certain literatures through
which violent acts may be propagated would not ipso facto attract
the provisions of Section 15(1)(b) of the UAPA and since there
was no credible evidence of commission of any terrorist act or
enter into conspiracy to do so to invoke the provisions of Section
43D(5) of the UAPA, the accused was entitled to bail. In the said
judgment, the Hon’ble Supreme Court has also relied upon the
earlier judgments in the case of Hitendra Vishnu Thakur (supra)
to take a view that in the said judgment the manner in which
stringent provisions of a statute ought to be interpreted has been
laid down. The Court has observed that the Court ought to
carefully examine every case, before making an assessment if the
Act would apply or not. When the statutes have stringent
Patna High Court CR. WJC No.130 of 2025 dt.28-08-2025
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provisions the duty of the Court would be more onerous. Graver
the offence, greater should be the care taken to see that the offence
would fall within the four corners of the Act. Learned counsel
submits the same principle would apply in the present case.
8. It is submitted that in the case of Laxmipat Choraria
(supra), the Hon’ble Supreme Court has considered the
admissibility of the evidence of a self-confessed criminal as a
witness. In the said case one Ethyl Wong was examined as a
witness who had given a graphic account of the conspiracy and the
parts played by the accused and her own share in the transactions.
In that context, the Hon’ble Supreme Court considered and held
that the case of an accomplice evidence is different and Section
337 of the Code of Criminal Procedure has already been held not
to offend Article 14. In fact, the Hon’ble Supreme Court held that
there was no breach of the Constitution in receiving Ethyl Wong’s
evidence.
9. Opposing the contention of learned counsel for the
petitioner, Dr. K. N. Siongh, learned ASG has submitted that the
recovery of the document “India 2047 towards Rule of Islam In
India” will read against the accused-petitioner as he was associated
with the PFI and was involved in criminal conspiracy with
intention to carry out violence, acts of terror to create in
Patna High Court CR. WJC No.130 of 2025 dt.28-08-2025
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atmosphere of terror and insecurity, endangering the unity and
integrity of the Nation, hatched by the accused persons. It is
submitted that recovery of documents from the house of Taushif
Hussain @ Taushif would prove the association of accused –
petitioner with the PFI and his involvement in the criminal
conspiracy of this case with other co-accused persons in
recruitment and training of PFI cadres. Scrutiny reports of the
extracted date of mobile phone of the accused petitioner
(ExhibitD-181) will prove that the accused was associated with
PFI and his involvement in the activities. CDR of Mobile number
of the accused-petitioner will prove the association of the accused
with arrested accuse persons and absconding FIR named accused
persons of PFI in his criminal conspiracy.
10. Learned ASG points out that the statement of Canara
Bank of the petitioner will prove that the transactions were made
in the bank account of the petitioner including the accused persons
from canara bank account of the PFI or activities of the PFI and
amounts were transferred from senior members of the PFI as well
as PFI account. It is submitted that the statement of protected
witness “Z” will prove the larger conspiracy of PFI. He will further
prove that the accused Nooruddin Zangi was associated with co-
accused persons of PFI in the criminal conspiracy. Likewise the
Patna High Court CR. WJC No.130 of 2025 dt.28-08-2025
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statement of the witnesses Sohail (W-19), Gulam Sarver (W-30)
and Hamidul Azad (W-41) would prove the involvement of
accused-petitioner in recruitment in PFI by providing a
scholarship.
11. Learned ASG further submits that the learned trial
court has duly considered the every aspects of the matter and has
rejected the application seeking discharge of the petitioner on
cogent grounds.
12. Having heard learned counsel for the petitioner and
learned ASG for the NIA as also on going through the pleadings
available on the record, we find at first instance that the
application seeking discharge filed under Section 227 of the CrPC
has not been enclosed with the writ petition, therefore, the grounds
raised in the discharge petition are not before this Court.
13. In such circumstances, we have gathered from the
impugned order of the learned trial court that the submissions
made on behalf of the petitioner are mainly as follows:-
(i) That the allegations against the petitioner are based on a
false narrative having no substance and aimed to be sustained on
the basis of planted documents (ii) the alleged recovery of
document in question is a staged event created by making police
personnel as witnesses, whereas the signature of accused no.1 (on
Patna High Court CR. WJC No.130 of 2025 dt.28-08-2025
12/13the seizure list ) was taken forcefully after two days (iii) The PFI is
an organization actively involved in nation building and guided by
its quest for empowering the most backward sections of the society
but by a pick and choose approach false narrative was built up
against him since 2016, (iv) There is no iota of evidence to make
out the case under Section 15 of the UAPA Act and the allegation
that the petitioner provided legal assistance to PFI and involved
some of the beneficiaries does not constitute any offence.
14. The learned trial court has recorded its opinion in
paragraph ‘9’ to ’19’ of the impugned order. It has been observed
that the role of the petitioner in the prescribed organization PFI
appears to be more than that of a legal advisor. His involvement in
the organization as a recruiter and trainer of the cadres certainly
makes out a strong prima facie case against him. The learned trial
court has also taken note of the scientific analysis of data of his
mobile phone from which he appears to be actively associated with
the organization, participated in the protest under the banner of PFI
and he also carried the images of letterheads of PFI which also had
its signature. The defence taken by the petitioner that he was a
merely legal advisor of PFI has been rejected on the ground that
the same appears to be flimsy in light of recovery of such images
of PFI letterheads in his mobile phones, for an advocate cannot be
Patna High Court CR. WJC No.130 of 2025 dt.28-08-2025
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expected to utilize the letterheads of his client. The trial court has
taken note of the materials collected in course of search of the
house of Taushif Alam (A-6).
15. In the kind of materials present on the record which
have been fully discussed in the impugned ordr of the learned trial
court, we find no reason to take any other view at this stage. The
trial has already begun. This Court has noticed at this stage that
paragraph ’35’ of the judgment in Laxmipat Choraria, the Vernon’s
case and Hitendra Vishnu Thakur and others are not at all
applicable in the present case at this stage.
16. We refrain from making any observation on the
evidences available on the record.
17. This writ petition has no merit. It is dismissed.
(Rajeev Ranjan Prasad, J)
( Sourendra Pandey, J)
arvind/-
AFR/NAFR CAV DATE 25.08.2025 Uploading Date 28.08.2025 Transmission Date 28.08.2025
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