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Criminal · Reportable judgment

The State of West Bengal & Ors. vs Suvendu Adhikari & Ors.

Court
Supreme Court of India
Date
24 July 2023
Case No.
Special Leave Petitions (Criminal) Nos. 6283-6286 of 2023
Result
Disposed
Bench
D.Y. Chandrachud, J.B. Pardiwala, Manoj Misra
Citation
[2023] 10 S.C.R. 842 : 2023 INSC 647
Supreme Court Reports [2023] 10 S.C.R. 842 : 2023 INSC 647
Headnote

National Investigating Agency Act, 2008 – s.6(5) – Exercise of Jurisdiction u/s. 6(5) – Six FIRs were registered between 30.03.2023 to 03.04.2023 in relation to different incidents – Acting on a Public Interest Litigation, High Court by its order held that the allegations implicate offences punishable under the Explosive Substances Act, and held that the entire investigation should be transferred to the National Investigation Agency with a direction to the Central Government to exercise their power u/s 6(5) Act of 2008 – Central Government issued notification in exercise of its power u/s. 6(5) – Pursuant thereto, Six FIRs registered on 10.05.2023 and cognizance taken by Special Court – On appeal, held: The NIA has exercised its jurisdiction specifically with reference to its powers under Section 6(5) – The precise contours of the investigation which should be carried out by the NIA cannot be anticipated or restricted at present stage – Cognizance also taken by NIA Court – The judgment of High Court affirmed – SLP disposed of.

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

The Judgment of the Court was delivered by DR. DHANANJAYA Y CHANDRACHUD, CJI 1. Six first information reports were registered by the Police in the State of West Bengal. Details of these first information reports have been tabulated in a statement which has been furnished by the State of West Bengal : 2. Acting on a Public Interest Litigation, a Division Bench of the High Court of Judicature at Calcutta by its order dated 27 April 2023 held that the allegations implicate offences punishable under the Explosive Substances Act. Hence, the High Court held that this is a fit case where the entir
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