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2022 Supreme(Kar) 120

RITU RAJ AWASTHI, B. VEERAPPA, P. KRISHNA BHAT
Irfan Pasha, S/o. Abdul Majeeb – Appellant
Versus
State of Karnataka, Through National Investigation Agency, Bangalore, Rep. by SPP – Respondent


Advocates Appeared:
For the Appellant : Sri. S. Balakrishnan.
For the Respondent: Sri. Prasanna Kumar P., Standing Counsel).

ORDER :

1. This reference arises out of order dated 09.08.2021 made by the Division Bench of this Court raising doubt about the correctness of view taken by coordinate bench in Criminal Appeal No.97/2018, wherein the office objection regarding maintainability of the appeal was over-ruled and the appeal was decided on merits. The order dated 09.08.2021 for ready reference, is reproduced below :

    “The registry has raised following objection with regard to maintainability of this appeal:

"How this Crl.A. is maintainable u/s 21 of NIA Act seeking transfer the case in Spl.C.No.181/2017, pending before LI Additional City Civil and Sessions Judge, C/C.LIX Additional City Civil and Sessions Judge, Bengaluru."

2. Sri. S. Balakrishnan, learned counsel appearing for appellants has relied upon order dated 08.07.2019 passed in Crl.A.No.97/2018 to contend that similar application had been filed in Spl.C.C.No.330/2015 and said application came to be rejected by the Special Court by order dated 08.01.2018, which was challenged in the Crl.A.No.97/2018 and appeal came to be decided on merits, by over-ruling said office objection and as such he prays for over ruling the office objections raised in this ap

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