HIGH COURT OF JHARKHAND
UPENDRA YADAV ALIAS BHUPENDRA YADAV ALIAS BHUPESH JI – Appellant
Versus
THE STATE OF JHARKHAND THROUGH ITS HOME JAIL AND DISASTER MANAGEMENT DEPARTMENT – Respondent
W.P.(Cr.) 255 / 2025
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P (Cr.) No.255 of 2025 Upendra Yadav @ Bhupendra Yadav @ Bhupesh Ji, aged 31 years, son of Hiranandan Yadav, resident of Pasangan, PO + PS-Manika, District-
Latehar ……………… Petitioner Versus
1. The State of Jharkhand through its Home, Jail and Disaster Management Department.
2. Lakhan Ram Nayak, S/o not known, Under Secretary, Home, Jail and Disaster Management Department, Project Bhawan, P.O. and P.S. Dhurwa, District Ranchi
3. Deputy Commissioner Cum District Magistrate, Latehar, having office at P.O. + P.S. + District- Latehar, 4. Superintendent of Police, Latehar, having office at P.O. + P.S. +
District- Latehar, 5. Sub Divisional Police Officer, Latehar, having office at P.O. + P.S. +
District- Latehar, ….………… Respondents -------
CORAM: HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON’BLE MR. JUSTICE ARUN KUMAR RAI -------
For the Petitioner : Miss Sonal Sodhani, Advocate For the Resp-State of Jharkhand: Mr. Sachin Kumar, AAG-II Mr. Srikant Swaroop, AC to AAG-II C.A.V on 14.11.2025 Pronounced on 17/11/2025 Per Sujit Narayan Prasad, J.
1. The present writ petition has been filed under Article 226 of the Constitution of India for the following reliefs:
“(i).For quashing up of the order dated 18.02.2025 passed vide letter/order no. 05/CCA/01/57/2024-17/CCA (Annexure- 4) passed by Under Secretary, Home, Jail and Disaster Management Department, Government of Jharkhand by which the order of detention has been further extended as against the present petitioner for next three months, from 18.02.2025 to 17.05.2025 without any sufficient cause;
(ii)For issuance of an appropriate writ(s)/ order(s) / direction(s) for stay of operation of order dated 18.02.2025 passed vide letter/order no. 05/CCA/01/57/2024-17/CCA (Annexure-4) during the pendency of this writ petition;
(iii) the petitioner further prays for quashing of order dated 16.05.25 (Annexure- 5) passed vide Memo No.150/CCA by Under Secretary (Home) Jail and Disaster Management Department, Government of Jharkhand (Respondent No.2) by which the 3rd extension for detention has been given i.e. from 18.05.2025 to
17.08.2025.
AND (iv) Petitioner further prays issuance of the appropriate writ/writs, order or orders, direction or directions to quash the order dated 11.08.2025 issued by the Department of Home, Prison and disaster Management, Government of Jharkhand by which detention of Petitioner was further extended for the period of 3 months from 18.08.2025 to 17.11.2025.”
2. The brief facts of the case as per the pleadings made in the writ petition needs to refer herein which reads as under:
i. The present Petitioner is a permanent resident of Latehar.
ii. It is stated that the Superintendent of Police, Latehar, sent a letter vide memo No.425/DCB, dated 04.11.2024 to the Deputy Commissioner-cum- District Magistrate,Latehar recommending initiation of proceeding under Section 12(2) of Jharkhand Control of Crimes Act, 2002, as against the petitioner.
iii. Pursuant to the said memo/letter from the Superintendent of Police, Latehar, the learned Court of Deputy Commissioner-cum-District Magistrate, Latehar initiated a proceeding under Jharkhand Control of Crime Act, 2002 by registering a case as CCA Case No. 03 dated 18.11.2024 and passed an order of detention against the petitioner.
However, the duration of detention was not specified.
iv.Thereafter, on 02.01.2025, an order was passed by the respondent no. 02 vide order/letter no. 05/CCA/01/57/2024-382/CCA specified that the petitioner has been detained for 03 months starting from 18.11.2024 till
17.02.2025.
v.The present petitioner was served with a show cause vide letter No.1499 dated 18.11.2024 by the learned Court of Deputy Commissioner-cum- District Magistrate, Latehar, in connection with Jharkhand Control of Crimes Act Case No.03 dated 18.11.2024.
vi. The report made by the Sub Divisional Police Officer, Latehar, specifically mentions that as against the petitioner, five FIRs and six sanhas were mentioned. The FIR’s
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