Point of law: It emanates from the scheme of the NIA Act that the scheduled offence is one enumerated in the schedule appended to the NIA Act. Thus, any further declaration in this regard by the Central Government in view of Section 6 (3) would virtually render the provisions of Section 2 (1) (f) and (g) as redundant. It is also ascertainable from the scheme of the NIA Act that the words “Save as otherwise provided in this Act” occurring in Section 10 of the NIA Act clearly refer to the provisions of Section 6 (6) of the NIA Act, which provides that where Central Government has issued a direction under Section 6 (4) or Section 6 (5) of the NIA Act for getting the Scheduled Offence (s) investigated by the Agency, the State Government and any Police Officer of the State Government investigating the offence shall not proceed with the investigation and shall forthwith transmit the relevant documents and records to the Agency.

JUDGMENT :

Ajai Kumar Srivastava-I, J.

1. The petitioner, by means of the instant writ petition, is seeking the following reliefs :-

(i) To issue the writ of mandamus, to direct Respondent No.3 to take over the investigation of Case Crime/F.I.R. No.0004 of 2021 registered at Police Station-ATS, Lucknow, wherein investigation is being conducted by the respondent no.5.

(ii) To issue a writ, order or direction in the nature of mandamus to direct the respondent no.3 to investigate the role of Respondent No.4 i.e. Special Task Force in fabricating evidences and falsely implicating the petitioner as well as the co-accused in the alleged heinous crimes in the name of the PFI under monitoring of this Hon’ble Court or under supervision of Hon’ble sitting judge of this Hon’ble High Court, as this Hon’ble Court may deem fit, just and proper, in the interest of justice and equity”.

2. In order to appreciate the controversy involved in this writ petition, it is necessary to set out the relevant facts, herein below :

3. The petitioner and his friend, namely Firos K. C., are residents of the State of Kerala and are admittedly members of Popular Front of India (hereinafter referred to as “PFI”), having its Head Office at Delhi. They are said to have been arrested on 11.02.2021 at Mughal Sarai Railway Station when they were going to Lokmanya Tilak Terminus, Mumbai from Katihar, Bihar. It is further stated that the First Information Report bearing No.0004 of 2021 dated 16.02.2021 has been lodged in this connection under Sections-120-B, 121A of I.P.C., Section 3 and 5 of Arms Act, Sections-3, 4 and 5 of Explosive Substances Act, 1908, Sections-13, 16, 18 & 20 of Unlawful Activities (Prevention) Act (hereinafter referred to as “UA (P) Act)” at Police Station-ATS, District-Lucknow disclosing their arrest from Kukrail Jungle, Lucknow on 16.02.2021. It is also stated by the petitioner that the petitioner’s wife, namely, Smt. Mohsina M. T. filed an application dated 15.02.2021 before Circle Inspector of Police, Pandalam, Police Station, Kerala for tracing the whereabouts of her husband i.e., the petitioner, which was registered as F.I.R. No.0250 of 2020, under Section 57 of Kerala Police Act, 2011. The wife of Firoz K. C., namely, Smt. Soujath also filed a similar complaint, which was registered as F.I.R. No.0113 of 2021, under Section-57 of Kerala Police Act, 2011 at Police Station-Badagara, District-Kozhikode Rural, Kerala, for tracing the whereabouts of her husband. According to the petitioner, F.I.R. No.0004 of 2021 has been lodged at Police Station-ATS, District-Lucknow after illegally detaining the petitioner for the sole reason that the petitioner and his friend, Firoz K. C. are members of the PFI.

4. We have heard Mohd. Tahir and Mohd. S. M. Alavi, learned counsel for the petitioner, Sri S. N. Tilhari, learned A.G.A. appearing for the State-respondents, Sri Anurag Kumar Singh, learned counsel for Central Bureau of Investigation (hereinafter referred to as “CBI”) and considered the record available before us.

5. Learned counsel for the petitioner has contended that the respondent no.7/First Informant has got a case registered under the provisions of Sections-120-B, 121A of I.P.C., Section 3 and 5 of Arms Act, Sections-3, 4 and 5 of Explosives Substance Act, 1908, Sections 13, 16, 18 & 20 of UA (P) Act at Police Station-ATS, District-Lucknow. Pursuant to the F.I.R. No.0004 of 2021, the investigation has been undertaken by the State Agency. After conclusion of the investigation and during the pendency of the present writ petition, police report has also been filed, which is unsustainable in the eye of law, being contrary to mandatory provisions of Section 6 of National Investigation Agency Act (hereinafter referred to as the “NIA Act”).

6. Elaborating his contention, he has further stated that Section 6(3) of the NIA Act provides that on receipt of the report from the State Government, the Central Government shall determine on the basis of the