Crl. A. No. 26 of 2023 Page 1 Item No. 36 IN THE HIGH COURT OF MANIPUR AT IMPHAL Crl. A. No. 26 of 2023 Athokpam Kajit @ Kishorjit; & Ors. Appellants Vs. National Investigation Agency (NIA); & Ors. Respondents BEFORE HON’BLE THE CHIEF JUSTICE MR. D. KRISHNAKUMAR HON'BLE MR. JUSTICE A. GUNESHWAR SHARMA ORDER 05.02.2025 D. Krishnakumar, C.J. : Mr. M. Johnny Meitei, learned counsel, appears for the appellants and Mr. Kh. Samarjit, learned DSGI, appears for the respondents. The present appeal has been filed challenging the impugned order dated 24.10.2023 passed by the Special Judge (NIA) Manipur in Cril. Misc. Case No. 199 of 2023 filed by respondent No. 2 herein. By the said impugned order, the case of the appellants was transferred from Special Court (NIA) Manipur to Special NIA Court, Patiala House Court at New Delhi. Mr. M. Johnny, learned counsel appearing for the appellants, states that under Section 406 of the CrPC, the respondents herein have to approach the Hon’ble Supreme Court to transfer the case from one State to another State. Therefore, the said application cannot be entertained by the Special Judge (NIA), Manipur and further states that the appellants were not provided any opportunity and hence there was violation of principles of natural justice. KABORAMBA M SANDEEP SINGH Digitally signed by KABORAMBAM SANDEEP SINGH Date: 2025.02.06 13:12:55 +05'30' Crl. A. No. 26 of 2023 Page 2 Learned counsel for the appellants vehemently argued that the Special Judge (NIA), Manipur, does not have any jurisdiction to entertain the application for allowing the transfer application from one state to another state. Mr. Kh. Samarjit, learned DSGI, appearing for the respondents, has not disputed the submissions made by the counsel for the appellants and fairly states in the light of the provisions under Section 13(2) of the NIA Act, 2008 the respondents have to seek their remedy before the Hon’ble Supreme Court by filing appropriate application. In view of the above, the impugned order dated 24.10.2023 passed by the Special Judge (NIA) Manipur in Cril. Misc. Case No. 199 of 2023 is set aside. The present appeal is accordingly allowed with liberty to the respondents herein to seek their remedy before the Hon’ble Supreme Court under the provision of the NIA Act, 2008. JUDGE CHIEF JUSTICE Sandeep