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2013 Supreme(SC) 859

H.L.GOKHALE, J.CHELAMESWAR
STATE OF ANDHRA PRADESH through inspector general, national investigation agency – Appellant
Versus
MOHD. HUSSAIN alias saleem – Respondent


JUDGMENT

H.L. Gokhale, J.

1. These Criminal Misc. Petitions have been filed by the applicant for impalement, and clarification of the common order passed by this Court on 2.8.2013 in (i) SLP (Crl.) No. 7375/2012 State of A.P. through I.G. National Investigating Agency v. Md. Hussain @ Saleem, and (ii) SLP (Crl.) No. 9788/2012 National Investigation Agency v. Ravi Dhiren Ghosh. SLP (Crl.) No. 7375/2012 arose from the judgment and order dated 7.9.2012 in CRLP No. 6562/2012 passed by the Andhra Pradesh High Court. SLP (Crl.) No. 9788/2012 arose out of the order passed by the Bombay High Court on Criminal Bail Application No. 1063/2012. The relevant part of this order dated 2.8.2013 passed by this Court reads as follows:

The only issue raised in these petitions is that in view of the provisions of Section 21of the National Investigation Agency Act, 2008, the matters in the High Court ought to have been heard by a Division Bench, and not by a Single Judge. The submission made by the learned Additional Solicitor General is based on the provision of Sub-section (2) of Section 21, which is a statutory requirement. That being so, the order passed by the High Courts deserve to be set aside, and



























































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