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2022 Supreme(Jhk) 984

IN THE HIGH COURT OF JHARKHAND AT RANCHI
RAVI RANJAN, SUJIT NARAYAN PRASAD, JJ.
Vinit Agarwal alias Vineet Agarwal - Appellant
Versus
Union of India - Respondent
Criminal Appeal (DB) No.71, 117, 119 of 2020
Decided on : 18-01-2022

Advocates:
Advocate Appeared:
For the Appellant :Mr. R.S.Cheema, Sr. Advocate, Mr. S.D.Sanjay, Sr. Advocate, Mr. Sumeet Gadodia, Advocate, Mr. Indrajit Sinha, Advocate
For the Respondent: Mr. Vikramjit Banerjee, Mr. Rohit Ranjan Prasad, Spl. P.P.(NIA)

Headnote:

Indian Penal Code, 1860 – Sections 414, 384, 386, 387, 120-B, 201 – Criminal Procedure Code, 1973 – Section 164 – Arms Act, 1959 – Sections 25(1B) a/26/35 – National Investigating Agency Act, 2008 – Section 21 – Unlawful Activities (Prevention) Act, 1967 – Section 17 – Criminal Law Amendment Act , 1908 – Section 17 – Framing of charges – Quashing of F.I.R – Punishment for criminal conspiracy – Appeals (three in number), have been heard together with consent of parties in view of fact that common issues are involved and are being disposed of by this common order – Held, Court make it clear that ordinarily Court would not have delved upon in such detail materials collected during course of investigation which emanate out of different paragraphs of Charge Sheet and have done close scrutiny and recorded findings but court were compelled to do so as almost all learned counsel appearing for appellants have vehemently argued fact of case – Same also stands reflected from their respective written notes on submissions. In fact they, by doing so, invited our findings on fact – However, Court make it clear that findings are restricted only for purpose of dealing with matter of cognizance and trial court shall not be influenced by these observations or findings recorded in present judgment either at time of framing of charges or during trial – Disposed of.

JUDGMENT :

Ravi Ranjan, J.

With consent of the parties, hearing of the matters was done through video conferencing and there was no complaint whatsoever regarding audio and visual quality.

2. These appeals (three in number), have been heard together with consent of the parties in view of the fact that common issues are involved and are being disposed of by this common order.

3. The instant appeals have been preferred invoking the jurisdiction conferred upon this Court under Section 21 of the National Investigating Agency Act, 2008 against the order taking cognizance dated 13.01.2020 passed in Special (NIA) Case No.03 of 2018(S) corresponding to R.C. No.06/2018/NIA/DLI arising out of Tandwa P.S. Case No. 02 of 2016 by the court of Judicial Commissioner-cum-Special Judge, NIA at Ranchi whereby and whereunder the cognizance of offences punishable under Section 120-B of the Indian Penal Code read with Section 17 of the Unlawful Activities (Prevention) Act, 1967 (hereinafter referred as the U.A.(P) Act, 1967), substantive offences under Sections 17 and 18 of the U.A.(P) Act, 1967 and under Section 17 of the Criminal Law Amendment Act, 1908 has been taken.

4. The brief background of the fact stands enumerated as under :-

The case pertains to the incident of extortion/levy collection/money laundering by Maoist cadres in Left Wing Extremism affected States like Jharkhand and Bihar. A case was registered by Tandwa Police Station, District Chatra, being Tandwa P.S. Case No.02 of 2016 dated 11.01.2016 under Sections 414/384/386/387/120-B of the Indian Penal Code, Sections 25(1B) a/26/35 of the Arms Act and Section 17(1)(2) of the Criminal Law Amendment Act against Vinod Ganjhu, Munesh Ganjhu, Pradeep Ram, Birbal Ganjhu, Gopal Singh Bhokta @ Brijesh Ganjhu, Mukesh Ganjhu, Koharam Ji, Akramanji @ Ravinder Ganjhu, Anischay Ganjhu, Deepu Singh @ Bhikhan, Bindu Ganjhu and Bhikhan Ganjhu on the basis of complaint made by Sri Ramdhari Singh, Sub-Inspector, P.S.-Simariya alleging therein that some locals have formed an operating committee in the coal region of Amrapali/Magadh projects under P.S. Tandwa having relation with banned unlawful association “Tritya Prastuti Committee (hereinafter referred to as TPC). Some people of the operating committee were threatening the contractors, transporters, DO holders and coal businessmen for extorting/collecting levy in the name of the operatives of banned TPC organization.

After investigation, Charge-sheet No.17 of 2016 dated 10.03.2016 was filed before the court of C.J.M., Chatra against arrested accused persons namely, Binod Kumar Ganjhu, Munesh Ganjhu, Birbal Ganjhu, Pradeep Ram and Bindu Ganjhu @ Bindeshwar Ganjhu under Sections 414, 384, 386, 387 and 120-B of the Indian Penal Code, Sections 25(1B) a/26/35 of the Arms Act and Section 17(1)(2) of the Criminal Law Amendment Act and the Investigation was being continued against absconding accused persons namely, Gopal Singh Bhokta, @ Brajesh Ganjhu, Mukesh Ganjhu, Kohramji, Akramanji @ Ravindra Ganjhu, Anischaya Ganjhu, Deepu Singh @ Bhikan and Bhikan Ganjhu. Further, Sections 16, 17, 20 and 23 of the U.A.(P) Act were added against all the F.I.R. named accused persons except Deepu Singh @ Bhikan on 12.04.2017.

The Central Government, taking into consideration the gravity of the offence due to seizure of arms & ammunition and cash to the tune of Rs.1,49,33,610/- and other incriminating materials from Maoist cadre, exercised its power conferred under Sub-Section (5) of Section 6 read with Section 8 of the National Investigation Agency Act, 2008 vide MHA, New Delhi CTCR Division order no. 11011/08/2018/NIA dated 13.02.2018, directed the NIA to take up investigation of the case and accordingly Tandwa P.S. Case No.02 of 2016 dated 11.01.2016 was re-registered as NIA Case No. R.C.-06/2018/NIA/DLI dated 16.02.2018 under Sections 414, 384, 386, 387 and 120-B of the

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