Amit Agarwal @ Sonu Agarwal vs Union Of India Through National ...
2024 Latest Caselaw 10626 Jhar

Jharkhand High Court

Amit Agarwal @ Sonu Agarwal vs Union Of India Through National ... on 25 November, 2024

Author: Sanjay Kumar Dwivedi

Bench: Sanjay Kumar Dwivedi

                  IN THE HIGH COURT OF JHARKHAND, RANCHI
                          W.P. (Cr.) No. 893 of 2024
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Amit Agarwal @ Sonu Agarwal, aged about 45 years, son of Shri Shyam Sundar Agarwal, resident of D-77, Kabikankam, Mukundaram, Sarani (Munsi Prem Chand Sarani), Bidhannagar, Durgapur, PO - Durgapur, PS - Durgapur, District Bardhaman, West Bengal .... Petitioner

-- Versus --

Union of India through National Investigation Agency having its office at NIA Camp Office, Quarter No.305, Sector - II, PO - Dhurwa, PS - Dhurwa, District - Ranchi, Jharkhand .... Respondent

----

CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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          For the Petitioner   :-    Mr. Indrajit Sinha, Advocate
          For the NIA          :-    Mr. Amit Kumar Das, Advocate
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03/25.11.2024 Heard learned counsel appearing for the petitioner and learned

counsel appearing for the respondent National Investigation Agency.

2. The prayer in the writ petition is made for quashing of the order

dated 04.04.2024 passed by learned Special Judge, NIA, Ranchi in

Criminal Appeal No.341 of 2018 arising out of Special NIA Case No.03 of

2018 in connection with R.C. Case No.06/2018/NIA/DLI whereby the

appeal preferred by the petitioner has been dismissed under Section

25(6) of the Unlawful Activities (Prevention) Act, 1967 and affirmed the

order passed by the designated authority dated 07.12.2018.

3. Mr. Amit Kumar Das, learned counsel appearing for the

respondent NIA at the outset made the objection saying that in light of

Section 21 of National Investigation Agency Act, 2008 the appeal is

required to be heard by a Division Bench.

--1-- W.P. (Cr.) No. 893 of 2024

4. Mr. Indrajit Sinha, learned counsel appearing for the petitioner

submits that this writ petition is itself maintainable and there is no

requirement of filing the appeal before the Division Bench of this Court.

5. In view of the judgment of Division Bench passed in Cr. Appeal

(D.B.) No.154 of 2023 and Cr. Appeal (D.B.) No.850 of 2024, the appeal

will lie before the Division Bench.

6. In view of the above prima facie it appears that the petitioner is

required to file the criminal appeal in the form of Division Bench only,

however the writ petition has been filed and even Hon'ble the Supreme

Court has held in the case of State of Kerala and Others versus

Roopesh reported in 2021 SCC OnLine SC 3099 arising out of

Kerala that any case related to NIA is required to be heard by a Division

Bench.

7. In view of the above and considering the judgment of Hon'ble

Supreme in the case of State of Kerala and Others versus Roopesh

reported in 2021 SCC OnLine SC 3099 this matter is referred to the

Division Bench and the parties are at liberty to address the

maintainability aspect before the Division Bench.

                                       (Sanjay Kumar Dwivedi, J.)
Sangam/




                                  --2--                         W.P. (Cr.) No. 893 of 2024