STATE OF CHHATTISGARH Vs. NATIONAL INVESTIGATIVE AGENCY

JUDGEMENT

(1.) Appeal is at the instance of the State. Grievance is against the verdict passed by the learned Single Judge, whereby the order dated 06.06.2019 passed by the Special Court, NIA Cases, Jagdalpur, C.G. in NIA Case No. RC-11/2019/NIA/DLI rejecting the application preferred by the writ petitioner to handover the records of the case to the National Investigating Agency (for short 'the NIA') came to be set aside; simultaneously directing the 3rd Respondent/ SHO, P.S. Kuakonda, District - Dantewada, Chhattisgarh to hand over the entire case record with documents pertaining to investigation of the said Crime to the writ petitioner for further investigation within 15 days. Various grounds have been raised, both legal as well as factual.

(2.) We heard Shri Satish Chandra Verma, the learned Advocate General appearing on behalf of the State/Appellants and Shri Kishore Bhaduri, the learned counsel representing the Respondent/NIA.

(3.) The subject matter relates to an organized crime committed by some unidentified Naxalites/Maoists, whereby the sitting MLA of Dantewada by name Mr. Bhima Mandavi was ambushed at about 4.30 p.m on 09.04.2019 within the local ambit of the Police Station Kuakonda. This led to registration of FIR by the 3rd Respondent on 10.04.2019 against 20- 25 unknown Naxalites / Maoists as Crime No. 11 of 2019 in respect of offences under the following four different enactments :