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2018 Supreme(Jhk) 751

RONGON MUKHOPADHYAY
Gopal Krishna Patar @ Raja Peter – Appellant
Versus
State of Jharkhand through the Secretary, Home Department, Dhurwa, Ranchi – Respondent


Advocates Appeared:
For the Petitioner:Mr. Akhilesh Kumar Srivastava, Advocate.
For the Respondents: Mr. Rajiv Sinha, A.S.G.I.
For the National Investigation Agency : Mr. Rohit Ranjan Prasad, Adv.

JUDGMENT :

Heard Mr. Akhilesh Kumar Srivastava, learned counsel for the petitioner and Mr. Rajiv Sinha, learned A.S.G.I. appearing for the respondent no. 2 and Mr. Rohit Ranjan Prasad, learned counsel appearing for the National Investigation Agency.

2. The petitioner in this writ application has prayed for the following relief :

“for issuance of an appropriate writ/order /direction for declaring that the action of the Respondent in instituting the F.I.R. pursuant to the Government of India Order dated 28.06.2017 (as contained in the F.I.R.), followed by the arrest of the Petitioner, as illegal and unconstitutional, with respect to the entire proceeding being Special (N.I.A.) 1/2017, arising out of RC-11/2017/NIA/DLI, now pending in the Court of Judicial Commissioner, Ranchi under Section 302/379/120B/34 of the Indian Penal Code, u/s 27 of Arms Act, u/s 18/20/38 of the Unlawful Activities (Prevention) Act, 1967 and u/s 17 of the Criminal Law Amendment Act, as the same amounts to illegal and colourable exercise of Power AND consequent upon the same to quash the entire criminal proceeding arising out of the said N.I.A., F.I.R. and further to release the Petitioner restoring his rights an









































































































































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