ROSHAN A. Vs. UNION OF INDIA

JUDGEMENT

(1.) Accused No.7 in Special C.C.No.2000/2022 on the file of XLIX Additional City Civil and Sessions Judge and the Special Court for Trial of NIA Cases, Bengaluru, is the writ petitioner. The petitioner and other accused are facing trial for the offences punishable under Sec. 143, 201, 204, 212, 302, 341 read with sec. 34 of IPC and Sec. 16, 18, 19 and 20 of Unlawful Activities (Prevention) Act ('UA(P)A' for short) on the allegations of killing one Harsha at Shivamogga around the time 8.45 to 9.15 p.m on 20/2/2022. FIR was registered at Doddapete Police Station, Shivamogga, in Crime No.077/2022 for the offence under sec. 302 read with sec. 34 of IPC and investigation undertaken. After the arrest of some accused persons, the other offences under IPC as mentioned above were added in the FIR. Later on the Central Government, by its order dtd. 21/3/2022 vide Annexure-D, directed the National Investigation Agency (NIA) to take up investigation. The NIA, having registered the crime invoked Sec. 16, 19 and 20 of UA(P)A in the FIR, held investigation and filed charge sheet for the said offences.

(2.) The petitioner has filed this writ petition seeking to quash the order dtd. 21/3/2022, Annexure-D, issued under sec. 6 (5) read with sec. 8 of the National Investigation Agency Act ('the NIA Act' for short) entrusting the investigation to the NIA, the sanction order dtd. 16/8/2022 vide Annexure-E issued under sec. 45 of UA(P)A and the order of the Special Court vide Annexure-G taking cognizance for the offences under Sec. 143, 201, 204, 212, 302, 341 read with sec. 34 of IPC and Sec. 16, 18, 19 and 20 of UA(P)A. [But the order sheet of the Special Court dtd. 1/9/2022 shows that cognizance was taken for the offences under Sec. 120B, 153A, 201, 212, 302 read with sec. 34 of IPC and Sec. 16, 18, 18B and 20 of UA(P)A].

(3.) We have heard the arguments of Sri. Aditya Sondhi, Senior Counsel for Sri. Mohammed Tahir, learned counsel for the petitioner and Sri. S.V.Raju, Additional Solicitor General of India, for respondents 1, 2 and 4.