FULESHWAR GOPE Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition has been filed under Article 226 of the Constitution of India inter-alia for the following reliefs:-

(2.) The brief facts of the case as per the prosecution story is that the petitioner is a poor farmer and works as Munshi for a contractor on daily wage basis. He does not have any criminal antecedents. The allegations against the petitioner are that he is an associate of P.L.F.I. acquainted with the facts that Dinesh Gope @ Kuldeep Yadav @ Banku (A-6/absconder) is a terrorist and Chief of P.L.F.I. and collects/raises levy through extortion. The petitioner has criminally conspired with the members of P.L.F.I., an unlawful association and terrorist gang proscribed by the State of Jharkhand, namely, Dinesh Gope (A/6), Sumant Kumar @ Pawan Kumar (A/7), Hira Devi @

(3.) Learned counsel for the petitioner has advance his argument that the Central Government has got no power and no authority to suo-moto exercise such power to handover the investigation to the National Investigating Agency once the charge-sheet has been submitted by the District Police basis upon which the cognizance has been taken.