Jaishree Steels Pvt. Ltd vs National Investigation Agency Through ...
2025 Latest Caselaw 1465 Jhar

Jharkhand High Court

Jaishree Steels Pvt. Ltd vs National Investigation Agency Through ... on 9 January, 2025

Author: Sujit Narayan Prasad

Bench: Sujit Narayan Prasad, Navneet Kumar

      IN THE HIGH COURT OF JHARKHAND AT RANCHI
             Cr. Appeal (DB) No.1554 of 2024
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Jaishree Steels Pvt. Ltd. .... .... Appellant Versus National Investigation Agency through Superintendent of Police having its office at N.I.A. Camp office, Quarter No.305, Sector-II, P.O. Dhurwa, P.S. Dhurwa, District Ranchi, Jharkhand .... .... Respondent

CORAM : HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON'BLE MR. JUSTICE NAVNEET KUMAR

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         For the Appellant          : Mr. Rishav Kumar, Advocate
         For the NIA                : Mr. Amit Kr. Das, Advocate
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 06/Dated: 09.01.2025

1. Reference may be made to the order dated 09.12.2024 passed

by the learned Single Judge, wherein, the parties have been

given liberty to address the issue of maintainability as to whether

the present case is to be heard by the Division Bench of this

Court in the light of the provision as contained under Section

21(4) of the National Investigation Agency Act, 2008 or a writ

petition will lie under Article 226 of the Constitution of India.

2. Mr. Rishav Kumar, learned counsel associated with the Office of

Mr. Indrajit Sinha, has sought for adjournment for today.

3. Mr. Amit Kr. Das, learned counsel appearing for the respondent-

NIA has submitted that the matter is already settled that any order

passed by the learned Special Judge for the offence pertains to

U.A.(P) Act, the forum available under the NIA Act is amenable

under Section 21(4) of the N.I.A. Act, 2008 which would be

evident from Section 21(1), wherein, the word "stipulated"

provides that any order or judgment not interlocutory in nature is

to be heard by the Division Bench of the High Court.

4. It has further been submitted that the said aspect of the matter

has been settled by the Hon'ble Apex Court in the judgment

rendered in the case of State of Bikramjit Singh Vrs. State of

Punjab, reported in (2020) 10 SCC 616.

5. The said issue has also been answered by the Larger Bench of

this Court comprising of three Judges.

6. It has further been submitted by referring to paragraph-6 of the

order passed by the learned Single Judge, wherein, the learned

Single Judge has come to the prima-facie view based upon the

judgment passed by the Hon'ble Apex Court in the case of State

of Kerala and Ors. Vrs. Roopesh, (2021) SCC OnLine SC 3099

that the appeal will only lie.

7. However, as per the prayer made on behalf of learned counsel for

the appellant, let this matter be listed on 13.01.2025 within top

ten cases for passing appropriate order both on the issue of

maintainability and on merit since the counter affidavit has

already been filed by the respondent-NIA.

8. It is made clear that no adjournment shall be granted on the next

date of hearing.

(Sujit Narayan Prasad, J.)

(Navneet Kumar, J.)

Rohit/-