Sujit Narayan Prasad, J.

Prayer

1. The instant appeal preferred under Section 21 of the National Investigation Agency Act, 2008 is directed against the order dated 31.07.2025 passed in Misc. Cr. Application No. 724 of 2025 in connection with RC-02/2023/NIA/RNC, arising out of Special (NIA) Case No.02 of 2023, registered for the offence under Sections 120B, 153A and 505 of the I.P.C. and Sections 18, 20, 38 and 39 of the Unlawful Activities (Prevention) Act, 1967, whereby and whereunder, the learned court has rejected the petition which has been filed for declaring the appellant juvenile under the Juvenile Justice Act.

Prosecution Case and Factual Matrix

2. The brief facts of the prosecution case as per the FIR and charge-sheet that the Central Government received reliable information that one Faizan Ansari @ Faiz (A-1) (petitioner), resident of Millat Colony near Madarsa, District Lohardaga, Jharkhand, who resides in Aligarh, Uttar Pradesh, is a member of ISIS and involved in unlawful activities in association with ISIS operatives based in India and abroad. He, along with his associates, was propagating the ideologies of ISIS through various social media platforms with an ultimate objective of carrying out violent terror attacks in India. Faizan Ansari (A-1) had created and administered multiple ISIS aligned Cyber groups on Telegram and Instagram platforms for disseminating terrorist propaganda materials, including ISIS ventures "Voice of Hind" and "Voice of Khorasan" magazine in order to influence and recruit impressionable youth for carrying out violent attacks in India. Apart from dissemination of inflammatory and radicalizing material, it is also suspected that he had himself created or edited some of these propaganda materials.

3. As part of this (ISIS) network, Faizan Ansari (A-1) was also in the process of radicalizing neo-converts and attracting them to the terrorist fold for enriching the cadre base of ISIS in India. He had adopted stealthy Cyber security measures, including usage of virtual numbers, "VPNs and TOR" browsers for communicating with his associates evading law enforcement agencies. He was also in contact with foreign based ISIS handlers, who were guiding him in recruitment of radical terror operatives and carrying out violent attacks. He was contemplating doing "Hijrat" (migration) to a foreign based ISIS conflict after completion of his tasks in India and these activities attract Sections 120B, 153A, & 505 of IPC and Sections 18, 20, 38 & 39 of the Unlawful Activities (Prevention) Act 1967.

4. Thereafter, the Central Government, in exercise of powers conferred under sub-section 5 of Section 6 read with Section 8 of the National Investigation Agency Act, 2008, directed the National Investigation Agency (NIA) to take up investigation of the aforesaid case. Thereafter, the instant case was registered by the NIA, Ranchi and started investigation. During the investigation, the NIA arrested Faizan Ansari @ Faiz (A-1) on 20.07.2023 and submitted charge sheet against him and thereafter submitted 1st supplementary charge sheet against co-accused, Omer Bahadur @ Rahul Sen (A-2) who was arrested on 14.09.2023 for the offence under Section 120B of the IPC, Section 120B of the IPC read with Section 295A of the IPC and Sections 13, 18, 20, 38 & 39 of the Unlawful Activities (Prevention) Act 1967 and accordingly, cognizance of the said offences was taken by the court and after framing of charge of the above offences, trial commenced.

5. During the trial, the prosecution has examined 31 witnesses and some other witnesses are yet to be examined. In the meantime, the above-named appellant had preferred an application being Misc. Cr. Application No. 724 of 2025 before Special Judge NIA, Ranchi to declare him as juvenile.

6. But the same has been rejected vide order dated 31.07.2025, against which, the present appeal has been filed.

Argument advanced on behalf of the learned counsel for the Appellant:

7. Learned counsel for the appellant has assailed the impugned order on the following grounds: -

                  (I) It has been contended that the when the alleged offence was committed by the appellant, he was juvenile and he is entitled to be declared juvenile.

                  (II) It has been contended that as per the education certificate of the appellant, his date of birth is 10.07.2004.

                  (III) It has further been contended that at the time of offence committed by the appellant i.e., during the period from the end of 2021 to 2022, the appellant was juvenile.

8. Learned counsel for the appellant, on the aforesaid premise, has submitted that the learned court ought to have considered that aspect of the matter, while considering the prayer for declaring the appellant juvenile, but having not been considered, therefore, the impugned order needs to be interfered with.

Argument advanced on behalf of the learned counsel for Respondent-N.I.A.

9. Per contra, Mr. Amit Kumar Das, learned counsel for the respondent-NIA has taken the following grounds by defending the impugned order: -

                  (i) It has been contended that the appellant along with his associates were propagating the ideologies of ISIS through various Social Media Platforms with an ultimate objective of carrying out violent terror attacks in India.

                  (ii) It has further been contended that the appellant was also in the process of radicalizing neo-converts and attracting them to the terrorist fold for enriching the cadre base of ISIS in India.

                  (iii) The appellant had adopted stealthy cyber security measures, including usage of virtual numbers, “VPNs and TOR” browsers for communicating with this associate evading Law Enforcement Agencies.

                  (iv) It has come during investigating that he was also in contact with foreign bases ISIS handlers who were guiding him in recruitment of radical terror operators and carrying out violent attacks.

                  (v) It has also been contended that the appellant was contemplating doing “Hijrat (migration) to a foreign bases ISIS conflict theatre after completion of these tasks in India and these activities attract Sections 120B, 153A, & 505 of IPC and Sections 18, 20, 38 and 39 of the Unlawful Activities (Prevention) Act, 1967.

                  (vi) In the instant appeal the appellant has claimed juvenility asserting that his age should be determined based on the inception of the alleged criminal acts in late 2021 or early 2022. However, this plea is untenable under the scheme of Section 472 of the Code of Criminal Procedure (Section 518 BNSS/Section 472 Cr.P.C.) states that "in the case of a continuing offence, a fresh period of limitation shall begin to run at every moment of the time during which the offence continues." By referring the aforesaid provision, it has been submitted by the learned counsel for the appellant that the aforesaid provision underscores that the offence does not conclude with its initiation but persists until the acts constituting the offence cease.

                  (vii) Herein, the alleged criminal activities of the accused/appellant continued unabated until his arrest on 19th July 2023, rendering his claim for juvenility void, as appellant was not minor at that time.

                  (viii) It has further been contended that the claim of accused/petitioner for juvenility is vitiated by continuing nature of the offences and his involvement in propagating ISIS ideology, radicalizing individuals and conspiring to commit terrorist acts persisted well beyond his attainment of majority, rendering his plea for juvenility untenable.

10. Mr. Das, learned counsel for the respondent-NIA, based upon the aforesaid grounds, has submitted that the present appeal is fit to be dismissed.

Analysis

11. We have heard learned counsel for the parties and considered the finding recorded by learned Court in the impugned order as also the charge-sheet.

12. It is evident from perusal of the impugned order as well as material available on record that the Central Government received reliable information that one Faizan Ansari @ Faiz (A-1) (appellant) resident of state of Jharkhand, resides in Aligarh, Uttar Pradesh, is a member of ISIS and involved in unlawful activities in association with ISIS operatives based in India and abroad and appellant along with his associates, was propagating the ideologies of ISIS through various social media platforms with an ultimate objective of carrying out violent terror attacks in India. Further as part of this (ISIS) network, accused/appellant was also in the process of radicalizing neo-converts and attracting them to the terrorist fold for enriching the cadre base of ISIS in India. The appellant had adopted stealthy Cyber security measures, including usage of virtual numbers, "VPNs and TOR" browsers for communicating with his associates evading law enforcement agencies.

13. Thereafter, the Central Government, in exercise of powers conferred under sub-section 5 of Section 6 read with Section 8 of the National Investigation Agency Act, 2008 (herein referred as ‘Act 2008’) directed the National Investigation Agency (NIA) to take up investigation of the aforesaid case. Thereafter, the instant case was registered by the NIA, Ranchi and started investigation.

14. The present appellant was arrested on 20.07.2023, and after investigation a charge sheet was submitted by NIA against the present appellant arraigned the present appellant as Accused, A-1 and accordingly, cognizance of the said offences was taken by the court and after framing of charge of the above offences, trial commenced.

15. During the trial, the prosecution has examined 31 witnesses and some other witnesses are yet to be examined.

16. In the meantime, the above-named appellant had preferred an application being Misc. Cr. Application No. 724 of 2025 before Special Judge NIA, Ranchi to declare him as juvenile but the same has been rejected vide order dated 31.07.2025, against which, the present appeal has been filed.

17. The main thrust of the learned counsel for the appellant as per the charge sheet, the alleged occurrence was committed in the end of 2021 to early 2022 and the date of birth of the accused/petitioner, as per his Secondary Examination (Matriculation) certificate is 10.07.2004 and as such, at the time of alleged occurrence, the petitioner/appellant was minor and below the age of 18 years, therefore, the petitioner/appellant may be declared as juvenile.

18. Per contra, the learned counsel for NIA has submitted that claim of accused/appellant for juvenility is vitiated by the continuing nature of the offences and his involvement in propagating ISIS ideology, radicalizing individuals and conspiring to commit terrorist acts persisted well beyond his attainment of majority, rendering his plea for juvenility untenable.

19. In the aforesaid context, it requires to refer herein that the issue involved herein pertains to the determination of juvenility of an accused under the Juvenile Justice (Care and Protection of Children) Act, 2015.

20. The position of law is well-settled that the relevant date for reckoning the age of the accused is the date of occurrence of the alleged crime, not the date of arrest or production before the court.

21. The Juvenile Justice Act, 2015, provides an inclusive framework for determining juvenility. Section 94 of the Act, 2015 stipulates the procedure for age determination, prioritizing documentary evidence such as birth certificates and school records. In the absence of such documents, medical examination by a duly constituted board is directed. This statutory scheme reflects the legislative intent to establish a uniform and reliable method for age determination in the case of juvenile in order to safeguarding the rights of juveniles.

22. It requires to refer herein that the majority opinion of 4:1 in a Constitution Bench decision of the Hon’ble Apex Court in case of Pratap Singh vs State of Jharkhand & Anr, (2005) 3. SCC 551, has categorically observed that he reckoning date for the determination of the age of the juvenile is the date of the offence and not the date when he is produced before the authority or in the court.

23. Similarly, in Vimal Chadha vs Vikas Choudhary and Another, (2008) 15 SCC 216, the Hon'ble Supreme Court reiterated that the determination of age must be based on the date of the offence, relevant paragraphs of the aforesaid judgement are being quoted as under:

                  “11. ---In view of the decision of the Constitution Bench in Pratap Singh [(2005) 3 SCC 551 : 2005 SCC (Cri) 742] it is no longer res integra that the relevant date for determination of the age of the accused would be the date on which the occurrence took place.

                  12. What would be the date on which offence has been committed in a given case has to be decided having regard to the fact situation obtaining therein. Indisputably our criminal laws contemplate a continuing offence. Section 472 of the Code of Criminal Procedure reads as under:

                  “472. Continuing offence.—In the case of a continuing offence, a fresh period of limitation shall begin to run at every moment of the time during which the offence continues.”

                  13. If an offence has been a continuing offence, then the age of the juvenile in delinquency should be determined with reference to the date on which the offence is said to have been committed by the accused.”

24. Thus, in the case of Vimal Chadha vs Vikas Choudhary and Another (Supra) the Hon'ble Apex Court has also addressed the determination of juvenility in cases involving continuing offences. The case revolved around the kidnapping and subsequent murder of a minor, where the accused claimed juvenility based on his age at the inception of the offence. The Hon’ble Apex Court emphasized that the age of the accused must be assessed in relation to the date of the offence, but it also recognized the implications of the continuing nature of the crime. The judgment clarified that in instances of continuing offences, the liability and legal consequences persist throughout the duration of the wrongful act, and the age determination must account for this extended timeframe.

25. Section 472 of the Code of Criminal Procedure/Section 518 BNSS, which explicitly recognizes the concept of a continuing offence. Section 472 states, "In the case of a continuing offence, a fresh period of limitation shall begin to run at every moment of the time during which the offence continues."

26. This provision underscores that the offence does not conclude with its initiation but persists until the acts constituting the offence cease. Continuing offence is one which is susceptible of continuance and is distinguishable from the one which is committed once and for all.

27. The Hon'ble Supreme Court in the case of State of Bihar vs Deokaran Nenshi, (1972) 2 SCC 890 elucidated the distinction between continuing and completed offences, holding that a continuing offence is "susceptible of continuance and is distinguishable from one which is committed once and for all." The Court emphasized that in cases of continuing offences, the liability persists until the wrongful act or omission ceases, ready reference, the relevant paragraph is being quoted as under:

                  “5. - The distinction between the two kinds of offences is between an act or omission which constitutes an offence once and for all and an act or omission which continues, and therefore, constitutes a fresh offence every time or occasion on which it continues. In the case of a continuing offence, there is thus the ingredient of continuance of the offence which is absent in the case of an offence which takes place when an act or omission is committed once and for all.”

28. Now adverting to the factual aspect of the instant case. The appellant has annexed certificate of Secondary Examination, 2019 as Annexure-3 to the present memo of appeal where his date of birth is mentioned as 10.07.2024 but in order to appreciate the rival contention, it would be apt to go through the copy of the charge-sheet dated 11.01.2025 which has been annexed as Annexure-1 to the memo of the appeal.

29. The relevant portions of the Charge-Sheet are mentioned below: -

                  “17.3.1: Investigation revealed that, accused A-1 being the member and supporter of ISIS, the proscribed organization, along with A-2 and other cadres of ISIS had hatched the conspiracy to carry out Terrorist Act. A-i in association with other cadres of ISIS were using various Online Social Media Platform Le, YouTube, Instagram & Telegram for propagating and disseminating inflammatory and radicalizing materials in support of ISIS. A-1 had adopted stealthy cyber security measures, including usage of virtual numbers, VPNs and TOR browsers for communicating with his associate, for evading Law Enforcement Agencies.

                  17.3.2: Investigation established that accused Faizan @ Faiz (A-1), resident of Jharkhand, who resides in Aligarh, Uttar Pradesh is a member of ISIS and involved in unlawful activities in association with other operatives of ISIS, who are based in linslia and abroad. It is established that accused A- 1, along with his ISIS propaganda through various social media platforms with the ultimate objective of carrying out violent terror attacks in India. That, accused A-1 created and administered multiple ISIS aligned cyber groups on Telegram and Instagram platforms for disseminating terrorist propaganda materials, including ISIS ventures Voice of Hind" and "Voice of Khornsun" magazine. Accused A-1 also propagated training and ideological. videos of the ISIS, in order to influence and recruit impressionable youth for carrying out violent attacks in India. Apart from dissemination of inflammatory and radicalizing material, it also revealed that A-1 had himself created or edited some of these propaganda materials. That, A-1has pledged official allegiance to Islamic State. He was also in the process of radicalizing neo- converts and attracting them to the terrorist fold for enriching the cadre base of ISIS in India. A-1 was also in contact with foreign based 1515 handlers, who were guiding him in recruitment of radical terror operators and carrying out of un-lawful activities. Accused A-1 was contemplating doing "Hijrat" (migration) to a foreign based ISIS conflict theatre after completion of his tasks in India.

                  17.4.1 : - Arrest, Remand & Disclosure of facts by the FIR named accused Faizan Ansari @ Faiz (A-1) in the instant case: On 20.07.2023 accused Faizan Ansarı Faiz (A- 1) was arrested from Lohardagga, Jharkhand and further he was taken in Police Custody. During custodial examination, A-1 divulged that he did not get admission in any of the prestigious college of Ranchi, Jharkhand, as he was unable to score required entry marks in his 12th Board. Thereafter, he had applied for passport | to pursue his studies in Madina University (Saudi Arabia), but due to dispute in his DOB in his Adhaar Card, the passport was not prepared. It is also surfaced that, initially accused A-1 had created three e-mail IDs viz. (1) fiaslam899@gmail.com. (ii) HaslamB999@gamil.com and (iii) shaikmahahid601@gmail.com and started watching YouTube videos of "Dr. Zakir Naik, Advocate Sayeed Faiz, Dr. Israr Ahmad, Iben Uthamia and Al Albani". Further, he also started following "Abdul Zabbar Sakai, Skeikh Zabbar Sakri, Sheikh Anwar Ali Albaki, Ahmad Musa Zibril on Instagram application. During watching the videos and thoughts of above identities, accused A-1 was very much interested towards the Muslim fundamentalist ideology and started following Salfi fundamentalist ideology. It is also established during the investigation that, during the end of year 2021 and starting 2022, while viewing the profile of "Salfi Madni of Pakistan", accused A-1 found a Telegram Linkie., "Based Department Chat and due to his inclination and interest, A-1 joined that Telegram Group. The group Admin of that group was having Telegram IDs "Wolf, Xameel, Abdullah & Hamza".

                  17.4.2 : In that Telegram group, videos & links promoting ISIS ideology were shared and A-1 started posting such videos and link through his Instagram ID "faizxux" (which was created through his mobile No. xxxxxx4786). Due to his interest in ISIS Ideology, accused A-1 became group admin by "Wolf. Further, by Telegram Id "Homza" A- 1 had received a virtual number, with instruction to create a new Telegram Id, as the current group on Telegram will be banned. Accordingly, A-1 created a Telegram Id Le, "Pain", with the help of virtual number. From the above Telegram Id. A-1 started disseminating the ideology of ISIS and further connected with SaifulAllah (he connected as Abu Saif), Sandnigger, Eco, Raid Centre Group (Managed members of Based departinent Group). Group Admin of above group used to post edited War Videns and Images, related to ISIS. it is also established during the investigation that, A-1 was in close contact with a Pakistan based 1515 supporter, who's Telegram ID was "Abdullah", Investigation also established that after two months of joining of Telegram Id "Based Department Chat Group", it was black listed/blocked by the Telegram and immediately, hia Telegram ID "Jatzxux" was also blocked. However, A-1 still remained active and connected with the group members, through Telegram ID "Pain". Later his Telegram id Le, "Pain" was also blocked by Telegram, for sharing ISIS related videos & Phots. Thereafter he created a new Telegram id Le, "Baglya", which was created thrwugh his mobile no xxx4786 and further A-1 created a new Instagram Id Le... "Ita Islamic Fatzu", From Instagram Id Le... "Its Islamic Faizu", accused A-1 came in contact with one Afzal Haneef Alvi, resident of Anushakti Magar, Mumbai, Maharashtra. whe further added him in Instagram group namely "Based Mulleh", having 30-40 members.

                  17.4.3 : During investigation, it is also established that accused A-1 used to follow "Brasario" Channel on Telegram, from where A-1 used to download several videos, phetos, song, magazines related to 1515 and further saved in his laptop, for further disseminating the same. Through "Life's Journey With Melodies" YouTube Channel, Aapproached Khushi Singh, R/o Pist Jaunpur, UP and tried to disseminate the ISIS ideology. Further A-1 came in contact with accused Umar Bahadur Rahul Sen (A- 2), a resident of Ratlam, Madhya Pradesh, who is having same ideology towards ISIS. During investigation, it is also established that, during 2021-22, A-1 was added in Instagram Group Jumman Muslim", in this group ISIS related videos and literature were being shared by the group members, later the same was deleted by Khallid, in law up of the arrest of "Faris Nazdi", a resident of [&K. Investigation also revealed that, A-1 used to follow Adam tech of ISIS on Instagram, through which accused A-1 had taken "Bayr", which is as under: -"I Fataan Ansari give my pledge of allegiance to the Calipha of Islamic state Ahu Ruzaain AlHashimi Al- Qureshi to listen and obey him until he disabeys Qures and Sunnah"

                  17.4.4 : Alter talking the "Bayt", the Adam Tech had shared him a virtual number, rough which, A-1 had created a new Telegram user ID as "Jolzm". Investigation also hed that during stay of A-1 at Bikramul Hostel, Aligarh, UP, A-1 came in contact with Talha Zarnain, a resident of Siwan, Bihar. A-1 tried to radicalize Talha to become a member of ISIS organization and to secretly work for the ISIS. Further, A-1 came in contact with one highly radicalized member of ISIS namely Mohammad Toriq Athar, Son of Shakeel Athar, resident of Gorakhpur, UP. It is pertinent to mention here that, Mohammad Tariq Athar is arrested by ATS, Lucknow, UP in their case crime FIR No. 06/2023, Dated 06.07.2023, U/Ss. 121, 123A of IPC and Section 13, 18 & 38 of UA(P) Act. Investigation has also revealed that, A-1 used to chat with the ISIS operatives through On-line Social Media Applications, as A-1 used to get the instruction through secure channel like "Dark Web", as such A-1 used to communicate with other ISIS operatives through VPN and TOR Browser, to hide his identity from the Law Enforcement Agencies. Investigation also revealed that A-1 used to watch ISIS videos, "Salafi Archive, Quran Wisdom, Quran Urdu translation, Channels of scholar Dr. Israr Ahamed" on Telegram through bot.

                  17.15 Role and offences established against accused person Faizan Ansari @ Faiz (A- 1):Accused A-1, being the member and supporter of ISIS, the proscribed terrorist organization along with A-2 and other cadres of ISIS had hatched the conspiracy to carry out Terrorist Act in India. A-1 in association with other cadres of ISIS were using various Online Social Media Platform i.e., YouTube, Instagram & Telegram for propagating and disseminating inflammatory and radicalizing materials in support of 15.3. A-1 had adopted stealthy cyber security measures, including usage of virtual numbers, VPNs and TOR browsers for communicating with his associate, for evading Law Enforcement Agencies. It is established that accused A-1, being a member of organisation, ISIS, is a proscribed involved in terrorist unlawful activities and associated himself with the said organisation with intent to further the activities of ISIS.

                  In this process, accused conspired with A-2 & others carry out A-1 to criminally intent to Unlawful Activities / Terrorist Acts and to radicalize other persons and conspired with an intent to motivate others to join the ISIS, with an intention to commit Terrorist Act against the Government of India and to support the ISIS organisation. Thereby A-1 committed offences U/s 120B of IPC & Sections 120B of IPC r/w Section 295A of IPC and Sections 13, 18, 20, 38 & 39 of UA (P) Act, 1967.

                  17.5 : Searches at the suspected locations of arrested accused Faizan Ansari @ Faiz (A- 1): In NIA Case RC 14/2023/NIA/DLI, Dated 24.05.2023, registered U/Ss. 120B & 295A of IPC and Sections 16, 17, 18, 18B & 20 of UA (P) Act 1967, NIA had carried out searches at the house premises of A-1 at Lohardaga, Jharkhand on 16.07.2023 and at his lodge located at Aligarh, Uttar Pradesh on 17.07.2023. During the above searches, articles / documents were found incriminating and accordingly, the same were seized. -----

                  17.5.1 : Seizure from the house premises of A-1 at Lohardaga, Jharkhand:- On 16.07.2023, in presence of independent witnesses a search was conducted at the house of A-1, which is located at Village New Road, Millat Colony, Lohardaga, PS & District Lohardaga, Jharkhand 835302. During that search one Laptop, two Mobile Handsets & three SIM Cards were seized. ---

                  17.5.2 : Details of seizure from the room / lodge of A-1 located at Aligarh, Uttar Pradesh: A search was also conducted at the house of Mohammed Abdi Ali, Son of Mohd Sadiq, resident of 4/156A/431, Anup Saher Road, near Fatima Mosque, Purani Chungi, Aligarh, Uttar Pradesh. At that location, accused A-1 was residing in room No-02 at the first floor of that house. During search of the said room an "Insignia of ISIS Flag" was found drawn on one of the walls of that room. Md. Abid stated that the logo /Insignia was drawn by the tenant i.e., Faizan Ansari (A-1). When Md. Abid Ali noticed the logo, he scolded A-1 and subsequently, A-1 vacated the room and shifted in a lodge of Minhaj.”

30. It is evident from the perusal of charge-sheet that NIA in its investigation found that accused Faizan Ansari @ Faiz (A-1), resident of Jharkhand, is a member of ISIS and involved in unlawful activities in association with other operatives of ISIS, who are based in India and abroad.

31. It has come during investigation that accused A-1, along with his ISIS propaganda through various social media platforms with the ultimate objective of carrying out violent terror attacks in India. The accused A-1 created and administered multiple ISIS aligned cyber groups on Telegram and Instagram platforms for disseminating terrorist propaganda materials, including ISIS ventures "Voice of Hind" and "Voice of Khorasan" magazine. Accused A-1 also propagated training and ideological videos of the ISIS, in order to influence and recruit impressionable youth for carrying out violent attacks in India. He was also in the process of radicalizing, re-converts and attracting them to the terrorist fold for enriching the cadre base of ISIS in India. A-1 was also in contact with foreign based ISIS handlers, who were guiding him in recruitment of radical terror operators and carrying out of unlawful activities.

32. From paragraph 17.5.2 of the charge-sheet as quoted and referred hereinabove, it is evident that a search was also conducted at the house of Mohammed Abdi Ali, Son of Mohd Sadiq, resident of 4/156A/431, Anup Saher Road, near Fatima Mosque, Purani Chungi, Aligarh, Uttar Pradesh. At that location, accused A-1 was residing in Room No.02 at the first floor of that house. During search of the said room, an "Insignia of ISIS Flag" was found drawn on one of the walls of that room. Md. Abid had stated that the logo /Insignia was drawn by the tenant, i.e., Faizan Ansari (A-1). When Md. Abid Ali noticed the logo, he scolded A-1 and subsequently, A-1 vacated the room and shifted in a lodge of Minhaj.

33. In the counter affidavit, it has been stated that P.W. 13 i.e., Dr. Abid Ali (owner of the rented house) has stated during evidence, that the accused took the rented room during the month of May-June, 2023 and the search was conducted on 15.07.2023 as also the recovery was made.

34. From the above facts, it is established that, the accused / petitioner A-1, had printed the flag of ISIS, after the age of 18 years which would be substantiated from the Annexure-3, wherein, his date of birth has been mentioned as “10.07.2004”.

35. It has been stated in the counter affidavit by referring the charge-sheet that in the charge-sheet few Incriminating What'sApp Chats / materials were mentioned and as per chats, the date is mentioned between 21.03.2023 to 09.07.2023, which were found from the mobile handset, seized from the accused/appellant Faizan Ansari (A-1) (the above chats are related as sharing videos related to ISIS, chats, stating, i.e., (i) Bhai meko ek kala flag chahiye kalma wala, (ii) unko khtm kerna Mujahideen ka kam hai jinko hume support kerna jinko aajkal media terrorist kehti hai, and etc. From the above facts, it prima facie appears that, the accused / petitioner A-1, was working for the ISIS, after the age of 18 years.

36. The details of activities of appellants on Telegram application between the period of 2022-2023 are described from Page No.25-27 of the charge-sheet. Further, the gist of statements of crucial witnesses was described at Page No.30-32 of the charge-sheet wherein crucial witnesses have stated about the incriminating activities of appellant/accused during the period of 2023.

37. Thus, prima facie, it appears that the accused/appellant involvement in propagating ISIS ideology, radicalizing individuals, and conspiring to commit terrorist acts persisted well beyond his attainment of majority, rendering his plea for juvenility unsustainable.

38. Further, as per the settled position of law in cases of continuing offences, the liability persists until the wrongful act or omission ceases and applying this principle, it is the considered view of this Court that the appellant/accused involvement in alleged commission of crime constitutes a continuing offence that extended well beyond his attainment of majority on 10th July 2022.

39. The Hon'ble Supreme Court in Dr. Subramanian Swamy vs Raju, (2014) 8 SCC 390 held that the gravity of the offence and its impact on society must be considered while determining the applicability of juvenile justice provisions. The Court further observed that in cases involving heinous offences, the protective provisions of the Juvenile Justice Act must be applied with caution to prevent misuse.

40. In the present case, the petitioner/accused alleged actions, which include criminal conspiracy, radicalization, and intent to commit terrorist acts, fall squarely within the ambit of heinous offences as defined under Section 2(33) of the Juvenile Justice Act, 2015.

41. Thus, this Court, on the basis of the discussion made hereinabove and taking into consideration the fact that the appellant/accused alleged actions constitute a continuing offence under Section 472 of the Cr.P.C./518 B.N.S.S as also taking into consideration the fact that the alleged act of the petitioner/appellant persisted well beyond his attainment of majority, is of view that the present appellant be tried as an adult.

42. In view of the foregoing discussions, we find no illegality in the impugned order dated 31.07.2025 passed in Misc. Cr. Application No. 724 of 2025 in connection with RC-02/2023/NIA/RNC, arising out of Special (NIA) Case No.02 of 2023, as such, we are of the view that the instant appeal lacks merit.

43. Accordingly, the instant appeal fails and is, dismissed.

44. Pending Interlocutory Application(s), if any, also stands dismissed.