NATIONAL INVESTIGATIVE AGENCY Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The instant petition under Article 226 of Constitution of India has been filed for quashment of 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.

(2.) One FIR has been registered in Police Station Kuakonda, District- Dantewada by the State Police for offence punishable under Section 147, 148, 149, 302, 307, 396, 120-B of the Indian Penal Code, Section 25 and 27 of Arms Act, Section 3 and 5 of Explosive Substances Act and Section 13 (1) (A), 38 (2), 39 (2) of Unlawful Activities Prevention Act. The incident is of 09.04.2019 at about 4.30 PM, when MLA Mr. Bhima Mandavi along with his security personnels was on his way to village Shyamgiri, when the members of Naxalite groups exploded a device and opened fire because of which Mr. Bhima Mandavi and other security personnels, received serious injuries and expired on the spot. After lodging of FIR No.11/2019 as mentioned herein above, the case is being investigated by the State Police.

(3.) It is submitted by the counsel for the petitioner that Ministry of Home Affairs has passed an order on 16.05.2019 vide Annexure P-3 in exercise of powers conferred under Section 6 (5) and Section 8 of National Investigation Agency Act, 2008, directing the petitioner to take over the investigation of the case. In compliance of this order, the petitioner agency has lodged FIR on 17.05.2019 vide Annexure P-4 registering the similar offences as have been registered by the State Police. Subsequent to which as the State Police did not handover the investigation diary, an application was filed before the Special Court vide Annexure P-5 seeking direction against the respondents for handing over the investigation of the case. The Court designated under NIA Act in Bastar at Jagdalpur by order dated 06.06.2019 has rejected the application, therefore, this petition has been brought.