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2024 Supreme(UK) 91

RAVINDRA MAITHANI
Sushil Kumar – Appellant
Versus
State of Uttarakhand – Respondent


Advocates Appeared:
For the Revisionist : Mr. Parikshit Saini, Adv.
For the Respondents: Mr. M.A. Khan, A.G.A., Mr. Ajay Veer Pundir, Adv.

JUDGMENT :

(Ravindra Maithani, J.) :

The challenge in this revision is made to the order dated 20.03.2024, passed by the court of Judicial Magistrate 1st, Roorkee, District Haridwar. By the impugned order, the Investigating Officer has been given 90 days further time to complete the investigation in Case Crime No. 599 of 2023, under Section 387, 506, 120B IPC and Section 15 (c), 16, 17, 18, 19, 20 of the Unlawful Activities (Prevention) Act, 1967(“UAPA”) (“the case”).

2. Heard learned counsel for the parties and perused the record.

3. Learned counsel for the revisionist would submit that the case is under the provisions of the UAPA also. He would submit that by virtue of Section 43D of the UAPA, the period of detention given under Section 167 of the Code of Criminal Procedure, 1973 (“the Code”) has been extended. From 15 days, it has been extended to 30 days and for 60 days or 90 days, it has been maintained as 90 days. But, he would submit that the extension of time for investigation beyond 90 days can only be granted by the court, under the proviso to Section 43D (2) of the UAPA. I

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