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2026 Supreme(Online)(SC) 400

SUPREME COURT
Vikram Nath, *Sandeep Mehta, JJ.
Binod Kumar Pandey @ Vinod Kumar Pandey v. State of Jharkhand
Crl. A. No. .... of 2026



1. Heard.

2. Leave granted.

3. These three appeals arise from the common impugned judgment and final order dated 18th December, 2024 passed by the High Court of Jharkhand at Ranchi (Hereinafter, being referred to as the "High Court") in Writ Petition (Crl) No. 283 of 2024, Writ Petition (Crl) No. 279 of 2024 and Writ Petition (Crl) No. 419 of 2024 whereby the writ petitions filed by the appellants challenging the legality and validity of sanction order dated 3rd October, 2023 came to be rejected.

Brief Facts

4. The appellants herein were arraigned as accused in connection with First Information Report (For short "FIR") No. 1 / 2022 lodged at Police Station A.T.S. Ranchi on 17th January, 2022. It was inter alia, alleged in the FIR that the appellants were members of a gang being operated by gangster Aman Shrivastava and were involved in extortion of illegal money from businessmen and such illegally acquired monies were, thereafter, transferred through illicit hawala channels. In this manner, the appellants were spreading terror in and around Jharkhand. Currency notes, amounting to Rs.28,55,000/-, were recovered from the possession of Siddarth Sahu (accused No.12) and Rs.5,42,000/- from possession of Vinod Kumar Pandey (accused No. 6). It was also alleged that these hoards of cash had been received from Aman Shrivastava's associates.

5. The FIR came to be registered for the offences punishable under S.386/387/109/34/120B of the Indian Penal Code, 1860 (For short, 'IPC') and S.20 and S.21 of the Unlawful Activities (Prevention) Act, 1967 (For short, 'UAP Act').

6. During the course of investigation, Deputy Commissioner - cum - Magistrate acting in furtherance of the recommendations made by the Superintendent of Police, ATS, Jharkhand, forwarded a letter dated 5th July, 2022 to the Under Secretary, Department of Home, Jail and Disaster Management, Jharkhand, seeking sanction mandatorily required under S.45 of the UAP Act to prosecute the accused arraigned in connection with A.T.S. (Ranchi) Case No. 1/2022 for the offences punishable under S.20/21 of the UAP Act.

7. The contents of the afore - stated letter would be relevant and germane for deciding the controversy raised in these appeals and hence, the same are reproduced hereinbelow.
"From,
The Deputy Commissioner - cum - Magistrate, Ranchi.
To,
Under Secretary, Department of Home, Jail and Disaster Management, Jharkhand, Ranchi.
Sub: Regarding prosecution sanction under S.20/21 of U.A.P. against First Information Report - named accused persons of Police Station A.T.S. (Ranchi) Case No. 01/2022 dated 17.01.2022.
Ref. Letter No.57 / Anu & Abhi Cell, dated 16.06.2022 of Superintendent of Police, Anti - Terrorist Squad, Jharkhand, Ranchi.
Sir,
It is stated on the above - said subject & reference that vide Letter No.57 / Anu. & Abhi Cell, dated 16.06.2022, Superintendent of Police, Anti - Terrorist Squad, Jharkhand, Ranchi has made available proposal alongwith his recommendations for issuing prosecution sanction under S.20/21 of U.A.P. against First Information Report - named accused persons of Police Station A.T.S. (Ranchi) Case No. 01/2022 dated 16.06.2022 namely 1. Aman Srivastava son of late Sushil Srivastava, resident of Kuwa, Police Station - Hunterganj, District - Chatra, presently at 02A / 002 / Akme Incore Apartment, Brookfield, Near Preseting I.T. Park Bangalore, 2. Vinod Kumar Pandey son of late Kamta Pandey, resident of - Sildada, Police Station - Jori, District - Chatra, 3. Abhik Srivastava son of late Sushil Srivastava, resident of Kuwa, Police Station - Hunterganj, District - Chatra, presently at 02A / 002 / Akme Incore Apartment, Brookfield, Near Presenting I.T. Park Bangalore, 4. Chandra Prakash Ranu son of Vijay Kumar Das, resident 02A / 002 / Akme Incore Apartment, Brookfield, Near Presenting I.T. Park Bangalore, 5. Aslam Ansari son of late Haider Ali, Resident of - Jahiltand, Kekardih, Chama, Police Station Khalari, District Ranchi, 6. Sunil Kumar Sharma son of Brijlal S





































































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