Heard Mr. Akhilesh Kumar Srivastava, learned counsel for the petitioner and Mr. Rajiv Sinha, learned A.S.G.I. appearing for the respondent no. 2 and Mr. Rohit Ranjan Prasad, learned counsel appearing for the National Investigation Agency.

2. The petitioner in this writ application has prayed for the following relief :

“for issuance of an appropriate writ/order /direction for declaring that the action of the Respondent in instituting the F.I.R. pursuant to the Government of India Order dated 28.06.2017 (as contained in the F.I.R.), followed by the arrest of the Petitioner, as illegal and unconstitutional, with respect to the entire proceeding being Special (N.I.A.) 1/2017, arising out of RC-11/2017/NIA/DLI, now pending in the Court of Judicial Commissioner, Ranchi under Section 302/379/120B/34 of the Indian Penal Code, u/s 27 of Arms Act, u/s 18/20/38 of the Unlawful Activities (Prevention) Act, 1967 and u/s 17 of the Criminal Law Amendment Act, as the same amounts to illegal and colourable exercise of Power AND consequent upon the same to quash the entire criminal proceeding arising out of the said N.I.A., F.I.R. and further to release the Petitioner restoring his rights and freedoms.”

3. The factual aspects of the case as could be revealed from the averment made in the writ application is that initially an FIR was instituted being Bundu P. S. Case No. 65 of 2008 on the written information of Nand Kishore Yadav @ Nandu on 09.07.2008 at about 3:30 P.M. The allegation made in the FIR was that on 09.07.2008, the informant was given an information by the deceased Ramesh Singh Munda that they have to leave for Bundu High School. The informant along with the deceased were accompanied to the school by the driver of Ramesh Singh Munda, two bodyguards namely, Shivnath Minz & Sheshnath Singh and the Home Guard Constable namely, Md. Khurshid in a Tavera car. They reached Bundu High School at around 12:15 P.M. It has been alleged that after the welcome ceremony when the deceased was about to finish his speech, the informant saw three boys carrying arms. Subsequently one of the boys who moved from the front side fired twice or thrice in the air and thereafter all the miscreants started firing towards the bodyguard Shivnath Minz and Home Guard Md. Khurshid who were standing in the corridor. There was complete chaos in the school premises. The informant has stated that he had hid himself inside the Tavera car. It has been alleged that after the assailants left by shouting ‘Maowadi Jindabad’, the informant got down from the vehicle and saw the bodyguard and a boy lying on the floor motionless. He has also stated that the Home Guard Md. Khurshid was also shot dead and was lying on the floor. It has been alleged that inside the hall the informant saw Ramesh Singh Munda lying on the floor with multiple gunshot injuries. In fact the weapons of the bodyguard – Shivnath Minz and Homeguard Md. Khurshid were also missing. The informant has stated that Bundu police has arrived soon after the incident and all the four injured persons were taken to RIMS where they were declared dead.

4. After conducting investigation, a charge-sheet was subsequently filed by the police on 30.09.2016 under Section 302, 379, 120(B) of I.P.C., Section 27 of the Arms Act and Section 17 of the C.L.A. Act against Kundan Pahan, Radhe Shyam Baraik and Ram Mohan Singh Munda while investigation was kept pending against Pawan Singh Munda, Santosh Munda, Mahesh Munda, Tulsi Das alias Vishal, Jakaria, Vinod, Guruva Munda and other unknown persons. In terms of order dated 28.06.2017 issued by the Government of India, Ministry of Home Affairs, the National Investigation Agency (hereinafter referred to as ‘NIA’) has been directed to take over the investigation of Bundu P. S. Case No. 65 of 2008. Subsequently an FIR was instituted by NIA being RC-11/2017/NIA/DLI.

5. The petitioner in this writ application has stated that a notice was issued to the petitioner for appearance before t