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2018 Supreme(Jhk) 480

RONGON MUKHOPADHYAY
Anosh Ekka – Appellant
Versus
State of Jharkhand – Respondent


Advocates Appeared:
For the Appellant :Mahesh Tewari, Advocate
For the Respondents: Binod Singh, S.C.

ORDER :

Rongon Mukhopadhyay, J.

1. Heard Mr. Mahesh Kumar Tewari, learned counsel for the petitioner, Mr. Binod Singh, learned S.C. (L & C) representing the respondent Nos. 1 and 2 and Mr. R S. Mazumdar, Married senior counsel appearing on "behalf of the respondent No. 3.

2. In this writ application, the petitioner has prayed for the following relief's.

"(i) For a declaration that the right to their trial in a criminal case is a basic human and fundamental right to a person guaranteed under Article 21 of the Constitution of India.

(ii) For declaration that the order dated 07.04.2016 passed in S.T. No. 29 of 2015 by the learned Additional Sessions Judge, Simdega is against the object and spirit of Section 307 of the Cr.P.C. and the same is violative of the fundamental right of fair trial guaranteed to the petitioner under Article 21 of the Constitution of India.

(iii) For setting aside the order dated 07.04.2016 passed in S T No. 29 of 2015 by the learned Additional Sessions Judge, Simdega whereby the learned court has allowed the application of the prosecution to make the accused Bikram Gope @ Barood Gope, who is an active member of the banned extremist organisation PLFJ and is involved


















































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