NATIONAL INVESTIGATION AGENCY v. STATE OF KARNATAKA
WP/35651/2024 · 2026-01-19
D K Singh, S Rachaiah
body2026
DailyLaw.ai
[ 2026 DAILYLAW 51148 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 51148 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:2530-DB WP No. 35651 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JANUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE S RACHAIAH WRIT PETITION NO. 35651 OF 2024 (GM-RES)
BETWEEN:
1.
NATIONAL INVESTIGATION AGENCY THROUGH ITS INSPECTOR OF POLICE, BRANCH OFFICE LUCKNOW, SECTOR 7/26, GOMTI NAGAR EXTENSION, LUCKNOW, UTTAR PRADESH.
REPRESENTED BY INSPECTOR OF POLICE GYANENDRA SINGH CHAUHAN, NIA.
…PETITIONER (BY SRI. PRASANNA KUMAR P, SPL.PP)
AND:
1.
STATE OF KARNATAKA BY UPPARPET POLICE STATION, NOW INVESTIGATED BY ANTI NARCOTICS WING, CENTRAL CRIME BRANCH, SHANTHINAGAR, BENGALURU - 560 027.
Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka
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HC-KAR NC: 2026:KHC:2530-DB WP No. 35651 of 2024
REP BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BUILDING, BANGALORE - 560 001.
2.
ANIRUDDA RAJAN S/O. G. V. RAJAN, RESIDENT OF SECLIP ENCLAVE, NO. 58, 2ND CROSS, AKKARAI, PANAIYURU, IJAMBAKAM, CHENNAI, TAMIL NADU.
…RESPONDENTS (BY SRI. MOHAMMAD JAFFAR SHAH, AGA)
THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED
ORDER DATED 29.10.2024 PASSED BY THE XLIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AND SPL JUDGE FOR TRIAL OF N.I.A CASES, BENGALURU (CCH-50) IN CRIME NO.
207/2024 FOR THE OFFENCES UNDER SEC. 10 OF THE UNLAWFUL ACTIVITIES (PREVENTION ) ACT, 1967, SECTION 66(c) OF THE INFORMATION TECHNOLOGY ACT, 2000, SECTION 35 OF AADHAR (TARGETED DELIVERY OF FINANCIAL AND OTHER SUBSIDIES, BENEFITS AND SERVICES) ACT, 2016 AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE S RACHAIAH
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HC-KAR NC: 2026:KHC:2530-DB WP No. 35651 of 2024
ORAL ORDER (PER: HON'BLE MR. JUSTICE D K SINGH)
The present writ petition is filed seeking quashing of the
order dated 29.10.2024 passed by the learned XLIX Additional City Civil and Sessions Judge (Special Judge for Trial of NIA Cases), Bengaluru (CCH-50) in Crime No.207 of 2024 in respect of the offences under Section 10 of the Unlawful Activities (Prevention) Act, 1967 and Section 66(c) of the Information Technology Act, 2000, as well as under Section 35 of the Aadhar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 and Sections 147, 152, 336 and 340 of the Bharatiya Nyaya Sanhita, 2023, registered at Upparpet Police Station. 2. By the impugned order, learned Trial Court has rejected the application filed by the petitioner – National Investigation Agency (for short ‘NIA’) for transferring the pending case against the respondent No.2 / accused to the Court of Special Judge, NIA, Lucknow, Uttar Pradesh. 3. It appears that, in the case pending before the Special Court, NIA, Lucknow in R.C. No.1/2023/NIA/LKW, the
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HC-KAR NC: 2026:KHC:2530-DB WP No. 35651 of 2024
second respondent is a suspect. However, neither the FIR is registered against him nor he has been named till date in the charge sheet. 4. Section 8 of the National Investigating Agency Act, 2008 empowers the NIA to investigate any other offence which the accused is alleged to have committed if the offence is connected with the scheduled offence. This is the power of investigation. If the same accused is involved in more than one offence at different places, the NIA would have the power to investigate all the offences and for convenience, may seek transfer of offences for trial at one place. 5. As of today, the second respondent is not an accused either in the FIR R.C. No.1/2023/NIA/LKW nor a charge sheet has been filed against him before the NIA Court of Lucknow. Therefore, learned Trial Court has rejected the application of the NIA at this stage. We, therefore, do not find that the Trial Court has committed an error of law or jurisdiction which requires an interference by this Court in exercise of its supervisory jurisdiction under Article 227 of the Constitution of India. - 5 -
HC-KAR NC: 2026:KHC:2530-DB WP No. 35651 of 2024
6. Accordingly, the writ petition is disposed of.
However, we reserve the liberty to the NIA to move an application at an appropriate stage, if the second respondent becomes an accused in case R.C.No.1/2023/NIA/LKW pending before the Special Court, Lucknow. Sd/- (D K SINGH) JUDGE
Sd/- (S RACHAIAH) JUDGE
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