Macherla Mohan Rao vs The State Of Andhra Pradesh
2022 Latest Caselaw 7458 AP

         HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI

                MAIN CASE No.W.P.No.29820 of 2022
                          PROCEEDING SHEET

Sl.                                                                    Office
                                      ORDER

No      DATE                                                           Note
03    28.09.2022 RRR, J

The learned Deputy Solicitor General submits that counter has been prepared and sent for signatures.

The learned Deputy Solicitor General relying upon Section 3 of the National Investigation Agency Act, 2008 and judgment of the Honorable High Court of Delhi at New Delhi dated 20.03.2012 in W.P.(CRL)No.55 of 2011 contends that the officers of the National Investigation Agency are empowered to conduct investigation including arrest of accused persons, anywhere in India and that such officers shall be treated as the Station House Officer of the Police Station within whose jurisdiction the investigation or arrest takes place. He would further submit that the local Police officials are unable to contact the petitioner and as such the stay granted by this Court be vacated.

A perusal of the provision states that the power granted under Section 3(2) of the National Investigation Agency Act, 2008 makes the power subject to the orders that may be passed by the Government.

Sri K. Satya Prasad, learned Senior counsel appearing for Sri U.D. Jai Bhima Rao, learned counsel for the petitioner has placed an answer said to have been given in the Lok Sabha on 03.03.2020, wherein the Ministry of Home Affairs had furnished a copy of the branches of the National Investigation Agency along with the respective jurisdiction of these branches. The table given in the answer shows that the jurisdiction of the National Investigation Agency branch office Raipur is restricted to Chhattisgarh and Jharkhand. He submits that in view of the said restriction of jurisdiction by the Government itself, the officers stationed in Raipur cannot issue a notice under Section 160 to a person staying in Bapatla.

In reply, the learned Deputy Solicitor General contends that by notification dated 21.04.2011, the office of the National Investigation Agency in Hyderabad, shall be treated as Police Station having jurisdiction over the whole of the state of Andhra Pradesh. He submits that since the States of Andhra Pradesh and Chhattisgarh have a common border, both the States would have to treated as Police Stations adjoining each other, which would meet the requirement of the Section 160 of Cr.P.C.

In view of the questions of law and fact raised above, it would be appropriated to take a

decision only after a formal counter is filed in these aspects.

Post on 11.10.2022 in the Motion List. In the meanwhile, the stay granted earlier is extended till 15.10.2022.

________ RRR, J

MJA