Supreme CourtDivision Bench(2013) 08 SC CK 0136

State Of A.P.Thr.I.G.National Inv.Agency vs Md.Hussain @ Saleem

Supreme Court Of India · Decided on 2 August 2013

HON’BLE JUDGES
H.L. Gokhale, J · J. Chelameswar, J
RESULT
Disposed Of
CASE NUMBER
Special Leave Petition (Criminal) Nos. 7375, 9788 Of 2012

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Judgment

10 paragraphs · 201 words

Heard Mr. Luthra, learned Additional Solicitor General in support of these petitions and Mr. Pradeep Kumar Mittal, learned counsel appearing for the

respondent.

The only issue raised in these petitions is that in view of the provisions of Section 21 of the National Investigation Agency Act, 2008, the matters in the

High Court ought to have been heard by a Division Bench and not by a Single Judge. The submission made by the learned Additional Solicitor General

is based on the provision of sub-section (2) of Section 21, which is a statutory requirement. That being so, the order passed by the High Courts

deserve to be set aside and the proceedings, namely, Crl.P. No.6562/2012 in the High Court of Andhra Pradesh and Criminal Bail Application

No.1063/2012 in the Bombay High Court, will have to be restored to the Division Bench of the respective High Courts. Ordered accordingly.

We are informed that in both the cases, the respondents are in custody. We, therefore, request both the High Courts to take up their applications and

decide them at the earliest, preferably within eight weeks from the date of receipt of this order.

With these observations, both these special leave petitions are disposed of.