Appeal Under Section 21(1) of the NIA Act Recommended as Proper Legal Remedy
In a significant ruling, the Allahabad High Court, Lucknow Bench, has rejected the application filed by Mohd. Faizan and others under Section 482 Cr.P.C./528 BNSS seeking to overturn the summoning order and refusal of discharge issued by the Special Judge NIA/Additional Sessions Judge, Lucknow. The application, which challenged the proceedings under Sections 121-A, 153-A, and 295-A of the Indian Penal Code (IPC), was deemed not maintainable in light of the National Investigation Agency Act, 2008.
Justice Brij Raj Singh delivered the judgment on March 20, 2026, underscoring the procedural intricacies when dealing with Scheduled Offences under the NIA Act. The court clarified that applications under Section 482 Cr.P.C./528 BNSS cannot be used to challenge summoning orders or refusal of discharge by NIA Courts. Instead, the appropriate legal recourse lies in filing an appeal under Section 21(1) of the NIA Act, 2008.
The judgment emphasized the exclusive jurisdiction of the NIA Special Court over Scheduled Offences, which either the NIA or the State Investigating Agency can investigate under Section 10 of the NIA Act. The court highlighted that the applicability of the NIA Act hinges on whether the offence is categorized as a Scheduled Offence and whether it is investigated by the NIA or State Agency. The State Government retains the independent power to investigate Scheduled Offences, a provision aimed at avoiding stagnation in the legal process.
Counsel for the applicants argued that the case was not applicable under the NIA framework since the UP Police conducted the investigation, and the NIA had no role in the matter. However, the court maintained that given the involvement of the Special Judge NIA, the remedy lies in appealing under Section 21(1), which provides for an appeal to the High Court from any judgment, sentence, or order of a Special Court, excluding interlocutory orders.
The decision reaffirms the procedural boundaries and specialized pathways for legal redress within the framework of the NIA Act, directing the applicants to pursue the statutory appeal process rather than seek relief under the inherent powers of the High Court.
Bottom Line:
Application under Section 482 Cr.P.C./528 BNSS is not maintainable against summoning orders or refusal of discharge by NIA Court; remedy lies under Section 21(1) of the National Investigation Agency Act, 2008.
Statutory provision(s): Section 482 Cr.P.C., Section 528 BNSS, Section 21(1) National Investigation Agency Act, 2008, Sections 121-A, 153-A, and 295-A IPC, Sections 6, 7, 10 National Investigation Agency Act, 2008.
Mohd. Faizan v. State of U.P, (Allahabad)(Lucknow) : Law Finder Doc id # 2869767
