An application under Section 482 Cr.P.C. challenging a Special Court's refusal to discharge is not maintainable; remedies are available under Section 21(1) of the NIA Act.

JUDGMENT :

BRIJ RAJ SINGH, J.

1. The present application has been filed seeking setting aside the order dated 01.07.2025 passed by the Special Judge NIA/Additional Sessions Judge, Court No.3, Lucknow in Sessions Case No.2414 of 2023, State Vs. Mohd. Faizan and others, arising out of Case Crime No.342 of 2022, under Sections 121-A, 153-A and 295-A IPC, Police Station Bakshi Ka Talab, District Lucknow and the cognizance order dated 22.12.2022 passed by the Additional Chief Judicial Magistrate-V, Lucknow with a further prayer to quash the entire proceedings of the aforesaid case.

2. At the very outset, Sri Shiv Nath Tilhari, learned AGA has raised a preliminary objection that application under Section 482 Cr.P.C. is not maintainable against the order of refusal to discharge in view of Section 21(1) of the National Investigation Agency Act, 2008 (for short “the NIA Act, 2008”), which provides that an appeal shall lie from any judgement, sentence or order not being an interlocutory order of a Special Court to the High Court both on facts and on law. In support of his contention, learned AGA has placed reliance upon the following judgements:-

1. Sallahuddin Vs. State of U.P. and others, (2022) SCC OnLine All 660

2. Sumit Kumar and others Vs. State of U.P. and others, (2024) SCC OnLine All 3146

3. Ravindra Kumar Vs. State of U.P. (2025) SCC OnLine All 6055

3. On the other hand, Sri Aftab Ahmad, counsel for the applicant has submitted that this Court has inherent power to entertain the application under Section 482 Cr.P.C./528 BNSS and the rejection of discharge application can be heard and decided by this Court. He has tried to convince the Court that since the NIA Act, 2008 is not applicable to the applicant, it may be inferred that he was charge-sheeted by the State of U.P. and the application under Section 482 Cr.P.C./528 BNSS would lie.

4. Counsel for the applicant has further submitted that the NIA Act, 2008 was enacted with a view to make provisions for establishment of a National Investigation Agency with provisions for taking up specific cases under specific Acts for investigation, through Agency and further provisions setting up of Special Courts and for other related matters. The Statement of Objects and Reasons of the NIA Act, 2008 read as under:-

"An Act to constitute an investigation agency at the national level to investigate and prosecute offences affecting the sovereignty, security and integrity of India, security of State, friendly relations with foreign States and offences under Acts enacted to implement international treaties, agreements, conventions and resolutions of the United Nations, its agencies and other international organisations and for matters connected therewith or incidental thereto."

5. Counsel for the applicant has further submitted that the NIA Act, 2008 was amended in the year 2019 by way of the NIA (Amendment) Act, 2019, which also contained Statement of Objects and Reasons, the relevant portion of which is as follows:-

1. The National Investigation Agency Act. 2008 (the Act) was enacted with a view to constitute an investigation agency at the national level to investigate and prosecute offences affecting the sovereignty, security and integrity of India, security of State, friendly relations with foreign States and offences under Acts enacted to implement international treaties, agreements, conventions and resolutions of the United Nations, its agencies and other international organisations.

2. In order to facilitate the speedy Investigation and prosecution of Scheduled Offences, including those committed outside India a