NIA Act| Scheduled Offences Exclusively Triable By Special Courts Even If ATS/UP Police Probed Case: Allahabad HC
The Allahabad High Court has observed that any investigation which is done by the anti-terror squad or the UP police, so far as the offences specified in the schedule (in the NIA Act 2008) are concerned, are to be exclusively tried by the Special Courts set up under the 2008 Act. “...for the trial of all offences as specified in the schedule which are investigated by anti-terror squad...
The Allahabad High Court has observed that any investigation which is done by the anti-terror squad or the UP police, so far as the offences specified in the schedule (in the NIA Act 2008) are concerned, are to be exclusively tried by the Special Courts set up under the 2008 Act.
“...for the trial of all offences as specified in the schedule which are investigated by anti-terror squad or State Police of Uttar Pradesh meaning thereby that even if the matter is investigated by the State Police, the jurisdiction would lie to the Special Court as provided under Section 13 of the Act 2008,” a bench of Justice Shree Prakash Singh observed.
The observation was made while allowing a plea filed by the accused under Section 482 CrPC challenged the orders passed by the Judicial Magistrate (First Class), Gonda taking cognizance on the chargesheet under Sections 147, 148, 149, 323, 504, 506, 307 IPC, Section 2/3 Prevention of Damage to Public Property Act and Section 3 of Explosive Substances Act.
Essentially, in the instant case, initially, an FIR was lodged under the aforementioned sections of IPC and Prevention of Damage to Public Property Act, and thereafter, on further investigation, Section 3 of the Explosive Substances Act, 1908 was added and the supplementary charge sheet was filed on which the Judicial Magistrate-I, Gonda took cognizance and issued summons against the applicants including the other co-accused persons.
Before the High Court, it was the primary contention of the applicants that since a supplementary charge sheet was filed under Section 3 of the Explosive Substance Act 1908, the offences under which are exclusively triable by a Special Court (under the NIA Act) designated by the State Government, and hence, the Judicial Magistrate-Ist, Gonda erroneously took cognizance and summoned the applicants including the other co-accused persons.
Considering the arguments put forth by the Counsel for the applicants, the Court noted that after the present applicants had been charged for the offences under the Explosive Substances Act, which is a scheduled offence under the NIA Act, and therefore, the Magistrate passed the impugned orders without taking into account the fact that such offences fall under the jurisdiction of the Special Courts as provided under Section 13 of the Act 2008 and are exclusively triable by such courts.
The Court further noted that while deriving the powers envisaged under Section 22 of the NIA Act, the State Government has, vide a 2021 notification, designated the third senior-most Court of Additional District and Sessions Judge, Lucknow as Special Court having territorial jurisdiction of the whole of the State of U.P. for the trial of all offences as specified in the schedule.
“Now, it is conclusive that any investigation which are done by the antiterror squad or the State Police of Uttar Pradesh, so far as the offences specified in the schedule are concerned, shall be tried by the Special Court, designated by virtue of the provisions provided under Section 13 of the Act 2008 read with notification dated 20.4.2021 issued by the State Government,” the Court further observed.
In view of this, the Court concluded that since Section 3 of the Act 1908 has been added after further investigation in the case, therefore as per the notification of the Government of Uttar Pradesh, the matter was triable by the Special Court designated by the State of UP and therefore, the Judicial Magistrate's impugned orders were erroneous.
Hence, the impugned cognizance order dated June 30, 2023, and the order of cognizance on the supplementary charge sheet dated February 15, 2023, passed by the Judicial Magistrate First, Gonda were set aside.
Further, the Court also directed the District Judge, Gonda to transmit the case to the third senior-most Court of Additional District and Sessions Judge, Lucknow, who has the territorial jurisdiction in the case, within three weeks.
Case title - Vishal Mishra And Anr. vs. State Of U.P. Through Principal Secretary Home And Anr [APPLICATION U/S 482 No. - 8245 of 2023]
Case Citation: 2023 LiveLaw (AB) 444