SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2017 Supreme(Pat) 958

RAJENDRA MENON, SUDHIR SINGH
Atma Yadav – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Petitioner: Mr. Rakesh Kumar Shrivastava.
For the Respondent: Mr. Vikash Kumar.

JUDGMENT :

RAJENDRA MENON, J.

1. Challenging the order dated 23.07.2016 passed by the learned District Magistrate, Kaimur at Bhabhua, exercising the power under Section 12(2) of the Bihar Control of Crimes Act, 1981 and directing for detention of the petitioner for a period of one year and further challenging the order passed by the State Government on 08.09.2016 affirming the order passed by the learned District Magistrate, Kaimur at Bhabhua and detaining the petitioner under the aforesaid preventative detention Act for a period of one year till 19.07.2017, this writ petition has been filed.

2. Even though during the course of hearing by placing reliance of the judgment rendered by the Supreme Court in the case of Cherukuri Mani vs. The Chief Secretary, Government of Andhra Pradesh and Others, 2015 (13) SCC 722, an argument was canvassed before us to say that the detention order cannot be passed for a period of one year and at one go it has to be passed maximum for a period of three months at one time and, therefore, the impugned order cannot be sustained.

3. Learned counsel for the State invites our attention to various other judgments of this Court, namely, Roshan Kumar Thakur @ Ros





Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top