ASHOK KUMAR MEHTA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. R.S. Mazumdar, learned senior counsel for the petitioner and Mr. Binod Singh, learned S.C. (L&C).

(2.) In this application the petitioner has prayed for issuance of appropriate writ, order or direction for quashing of order no.5/CCA/01/71/2016-119 dated 09.01.2017 passed by the under Secretary, Department of Home, Jail and Disaster Management whereby and where under the detention order was passed against the petitioner under Sec. 12(2) of the Jharkhand Crime Control Act has been extended till 17.04.2017.

(3.) A recommendation was made by the Sub Divisional Police Officer, Garhwa on 208.2016 before the respondent no.4 recommending therein to detain the petitioner under section 12(2) of the Jharkhand Crime Control Act in view of the fact that the petitioner had eight criminal cases pending against him. Pursuant to the recommendation made by the Sub Divisional Police Officer, Garhwa, an order was passed by the respondent no.4 on 18.10.2016 in which the petitioner was detained under the Crime Control Act for a period of three months. The Detention order passed by the respondent no.1 was subsequently confirmed by the State government. After the recommendation was made by the Advisory Board the petitioner was to be detained till 17.01.2017. Subsequently vide letter no.5/CCA/01/71/2016-119 dated 09.01.2017, the under Secretary of the Department of Home, Jail and Disaster Management had extended the period of detention of the petitioner for a further period of three months till 17.04.2017 which is under challenge in the present writ application.