BHASKAR CHAKRABORTY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Shiv Prasad Singh, learned counsel for the petitioner and Mr. Manoj Kumar, learned counsel for the State.

(2.) The present petition has been filed for quashing of order dtd. 13/5/2016 (Annexure-3) passed in S.T. Case No. 123 of 2016, G.R. Case No. 677 of 2015 (Gua Barajamda) P.S. Case No. 42 of 2015) whereby cognizance for the offence under Sec. 10, 13, 39 of Unlawful Activities (Prevention) Act and sec. 17 of Criminal Law (Amendment) Act has been taken against the petitioner. Further prayer has been made for quashing of order dtd. 4/4/2018 (Annexure-6) passed in S.T. Case No. 123 of 2016 whereby petition dtd. 1/2/2018 filed by the prosecution under sec. 137 of Evidence Act for re-examination of P.W.9, has been allowed, pending in the Court of learned Additional Sessions Judge-III, Chaibasa.

(3.) F.I.R. has been lodged alleging therein that on the basis of secret information the petitioner was apprehended by the police near Barajamda Railway Station and from his possession several incriminating articles and naxal literatures were recovered which were seized in presence of witnesses. On interrogation the petitioner disclosed that the said articles were to be supplied to the members of extremist organization. On the basis of these allegations Gua(Barajamda) P.S. Case No. 42 of 2015, dtd. 15/12/2015 under Sec. 10, 13, 39 of Unlawful Activities (Prevention) Act and under sec. 17 of the Criminal Law (Amendment) Act has been registered.