ANUJA PRABHUDESSAI, J.

1. The Petitioner in Writ Petition No. 5022 of 2017 has challenged the Order dated 14th November, 2016 passed by the Addl. Sessions Judge and Special ATS Judge at Nanded in Sessions Case No. 106 of 2016 and has prayed that he should be released in connection with the said crime. Whereas, the applicant in Criminal Application No. 27 of 2017 has sought transfer of Sessions Case No. 106 of 2016 from the Court of Addl. Sessions Judge and Special ATS Judge at Nanded to the Court of Shri N.K. More, Special Judge for National Investigating Agency at Mumbai.

2. The petitioner Naser Bin Abu Bakr Yafai, is one of the accused in Sessions Case No. 106 of 2016 under sections 102-B, 471 of IPC, and sections 13, 16, 18, 18-B, 20, 38, 39 of Unlawful Activities (Prevention) Act (for short UAP Act), and sections 4, 5 and 6 of Explosive Substance Act. The said Sessions Case arises from C.R. No. 8 of 2016 which was registered at Kala Chowki Police Station, pursuant to the FIR dated 14th July, 2016 lodged by Shri Manik Vithalrao Bendre, Police Inspector Anti Terrorism Squad, Nanded Unit. It was alleged that the Anti Terrorism Squad (for short ATS) had received source information that the petitioner was in contact through Internet with the persons of Islamic State (IS), Islamic State of Iraq and Syria (ISIS), Islamic State of Iraq and Levant (ISIL)/Daish, terrorist organizations banned by the UN and the Indian Government. The ATS arrested the petitioner and other co-accused, investigated the crime and filed charge-sheet dated 7-10-2016 before the learned Chief Judicial Magistrate, Nanded against the petitioners and others for the offences stated above. The learned Chief Judicial Magistrate, took cognizance of the offence and on 18-10-2016 committed the case to the Addl. Sessions Judge and Spl. Judge, ATS, Nanded. Upon committal, the said case came to be registered as Sessions Case No 106 of 2016.

3. On 8-9-2016, the Ministry of Home Affairs, Government of India, New Delhi, in exercise of powers under section 6(4) of the National Investigation Agency Act, 2008 (for short the NIA Act) directed the National Investigation Agency (for short NIA) to take over further investigation into the said case. Accordingly, on 14-9-2016 the NIA re-numbered the said crime as RC-03/16/NIA/MUM. In the meantime, the petitioner filed an application before the learned Addl. Sessions Judge-I and Spl. Judge, ATS, Nanded to release him mainly on the ground that the offence under UAP Act, being scheduled offence under NIA Act, the Magistrate had no jurisdiction to pass remand order or to take cognizance of the offence. The petitioner also questioned the jurisdiction of the Addl. Sessions and Spl. Judge ATS Nanded to try the case.

4. The learned Spl. Judge ATS while dismissing the application observed that NIA had not taken over the investigation from the ATS and hence in view of provisions under section 6(7) of the NIA Act, the ATS was competent to investigate the crime and file the charge-sheet in the Court of Chief Judicial Magistrate, Nanded, which has been designated as Court of remand. The learned Spl. Judge therefore held that the learned Chief Judicial Magistrate had jurisdiction to grant remand and to commit the case to the Court of Addl. Sessions Judge-I which has been designated as Special Court for trying cases investigated by the ATS Mumbai. Being aggrieved, the petitioner has challenged this order in Writ Petition No. 5022 of 2017.

5. Subsequently, by communication dated 23rd November, 2016 the NIA requested to hand over the case papers in the said crime. The said case papers were handed over to the NIA on 8-12-2016. On receipt of the said papers, the NIA took over further investigation into the said crime. Since the offence investigated by the NIA is required to be tried by the Special Court constituted under section 11 of the Act, the Applicant in Criminal Appeal No. 27 of 2017 has sought transfer of the record and proceedings of th