SAYYED SOHEL TORVI Vs. NATIONAL INVESTIGATING AGENCY

JUDGEMENT

(1.) The petitioner is before this Court calling in question order dtd. 30/9/2021 passed by the XLIX Additional Civil and Sessions Judge (Special Court for NIA Cases) at Bangalore in Spl.C.C.No.141 of 2021 by which the application filed by the petitioner seeking transfer of his case from the Special Court trying cases under the National Investigation Agency Act , 2008 ('the Act' for short) to the Court having jurisdiction to try IPC offences is rejected.

(2.) Brief facts that lead the petitioner to this Court in the subject petition, filtering out unnecessary details, are as follows:- On 11/8/2020 at around 8-45 p.m. it is alleged, that a group of 25 to 30 people gathered in front of Kadugondana Halli ('KG Halli' for short) Police Station and started shouting slogans demanding arrest of one Naveen, nephew of Shri Akhanda Srinivasa Murthy, MLA who had posted certain derogatory message on his face-book account, which had generated such insult to the religious faith to those 25 to 30 people who belonged to a particular religion. At about 8.50 p.m. another group of people under the leadership of one Syed Ikramuddin entered KG Halli Police Station demanding registration of a case against the said Naveen and others. The police accepted the complaint and registered an NCR in the light of a preliminary enquiry being conducted for a crime registered in FIR No.195 of 2020 on the same set of fact by Devarajeevana Halli ('DJ Halli' for short) Police Station on 11/8/2020 itself.

(3.) The gathering at KG Halli Police Station increased tenfold and the mob alleged to have indulged in certain acts which resulted in registration of FIR against all those who were involved in the untoward incident that happened on that date. The Allegations initially made against several members of the mob including the petitioner were the ones punishable under Ss. 120B, 143, 145, 147 and 188 r/w 34 and 149 of the IPC . After registration of crime, it appears that the police while investigating recorded statements of several witnesses. Pending filing of a final report, the Ministry of Home Affairs, Government of India by its order dtd. 21/9/2020 transferred the case to National Investigation Agency ('NIA' for short) and the NIA conducted fresh investigation or further investigation as the case would be and filed a charge sheet, in which the present petitioner is arrayed as accused No.137 for the offences punishable as afore-quoted.