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2022 Supreme(Jhk) 423

SANJAY KUMAR DWIVEDI
Bhaskar Chakraborty, son of late Ranjit Chakraborty – Appellant
Versus
State of Jharkhand – Respondent


Advocates Appeared:
For the Petitioner: Mr. Shiv Prasad Singh.
For the Respondents: Mr. Manoj Kumar.

JUDGMENT :

1. Heard Mr. Shiv Prasad Singh, learned counsel for the petitioner and Mr. Manoj Kumar, learned counsel for the State.

2. The present petition has been filed for quashing of order dated 13.05.2016 (Annexure-3) passed in S.T. Case No. 123 of 2016, G.R. Case No. 677 of 2015 (Gua Barajamda) P.S. Case No. 42 of 2015) whereby cognizance for the offence under sections 10, 13, 39 of Unlawful Activities (Prevention) Act and section 17 of Criminal Law (Amendment) Act has been taken against the petitioner. Further prayer has been made for quashing of order dated 04.04.2018 (Annexure-6) passed in S.T. Case No. 123 of 2016 whereby petition dated 01.02.2018 filed by the prosecution under section 137 of Evidence Act for re-examination of P.W.9, has been allowed, pending in the Court of learned Additional Sessions Judge-III, Chaibasa.

3. F.I.R. has been lodged alleging therein that on the basis of secret information the petitioner was apprehended by the police near Barajamda Railway Station and from his possession several incriminating articles and naxal literatures were recovered which were seized in presence of witnesses. On interrogation the petitioner disclosed that the said articles

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