##PAGE1##

1

2026:CGHC:5211

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

RAHUL

JHA

Digitally signed by

RAHUL JHA

Date: 2026.01.30 CRREF No. 2 of 2025

17:38:12 +0530

State Of Chhattisgarh

Applicant(s)

Versus

1 - Sanjay Kumar Dewangan S/o Late Hetram Dewangan R/o Gram Kharora,

Thana- Janjgir, Dist. Janjgir-Champa, C.G.

2 - Dhaniram Dewangan S/o Dayaram Dewangan R/o Gram Kharora, Thana-

Janjgir, Dist. Janjgir-Champa, C.G.

Respondent(s)

(Cause-title taken from Case Information System)

For State(s) : Mr. Anand Gupta, Dy. GA

For Respondent(s) : Mr. Ashutosh Trivedi, Advocate

Hon'ble Shri Bibhu Datta Guru , Judge

Order on Board

30.01.2026

1. This is an office reference.

2. This Court has received a reference under Section 436(2) of the

Bharatiya Nagarik Suraksha Sanhita, 2023 from the Court of Sessions

2

Judge, Janjgir-Champa, seeking opinion on questions of law arising out

of order dated 17.09.2025 passed by the Special Court (NIA), Bilaspur,

whereby the said Court returned the case to the Sessions Court, Janjgir-

Champa on the ground that the offence was committed prior to

enforcement of the National Investigation Agency (Amendment) Act,

2019 i.e. dated 24.7.2019.

3. Facts in brief, are that the accused persons are facing trial for offences

under Sections 489-A, 489-B, 489-C, 489-D and 34 of the Indian Penal

Code. The FIR was registered on 17.04.2019 and charge-sheet was filed

on 12.07.2019. By order dated 05.02.2021, the Sessions Court, Janjgir-

Champa transferred the case to the Special Court (NIA), Bilaspur. The

Special Court took cognizance on 19.03.2021, framed charges and

recorded evidence of about eight prosecution witnesses. Subsequently,

by order dated 17.09.2025, the Special Court held that since the offence

was committed prior to enforcement of the NIA (Amendment) Act,

2019, it lacked jurisdiction and transferred the case back to the Sessions

Court. Thereafter, by the PUD under reference, the Sessions Court,

Janjgir-Champa sought opinion of this Court by referring following

questions :

A. Whether the case is triable by the Special Court (NIA),

Bilaspur?

B. If so, whether the case is required to be transferred to the said

Special Court?

C. In case the Sessions Court, Janjgir-Champa is competent,

whether the trial is to commence de novo or continue from the

stage already reached?

3

4. From a perusal of the Schedule to the NIA Act, 2008, it is manifest that

Sections 489-A to 489-E IPC were included as Scheduled Offences even

prior to the Amendment Act of 2019. The Amendment Act of 2019

merely added certain additional offences and rearranged the serial

numbering of the Schedule. Therefore, the offences involved in the

present case were always Scheduled Offences under the NIA Act.

5. Section 22(1) of the NIA Act empowers the State Government to

designate a Court of Session as a Special Court for trial of Scheduled

Offences investigated by the State Agency. In exercise of such power,

the State Government had already notified the Sessions Judge, Bilaspur

as the Special Court for the rest of the districts including Janjgir-

Champa. Further, Section 22(4) of the NIA Act mandates that upon

designation of a Special Court, all pending trials relating to Scheduled

Offences shall stand transferred to such Special Court.

6. From perusal of schedule prescribed under the NIA Act, it appears that

Sections 489-A to 489-E of the IPC were already included as Scheduled

Offence even prior to Amendement Act of 2019. The Amended Act

2019 merely added certain additional offences by rearranging the serial

number of the schedule. Hence, the view taken by the Special Court,

Bilaspur, that it lacked jurisdiction merely because the offence was

committed prior to the Amendment Act, 2019 is therefore legally

unsustainable.

7. Additionally, once the Special Court, Bilaspur had taken cognizance,

framed charges and recorded evidence, it could not have returned the

4

case to the Sessions Court, Janjgir-Champa in absence of reasons

contemplated under Section 20 of the NIA Act. Any judicial order passed

by a