Advocates:
['JASVINDAR MAZUMDAR', '', 'RAJESH KUMAR', 'VIKAS KUMAR', 'NISHANT KUMAR ROY', 'MADHULIKA DASGUPTA', 'PRATIK SEN', 'MANOJ KR NO', '', 'ROHIT RANJAN PRASAD']

IN THE HIGH COURT OF JHARKHAND AT RANCHI

W. P. (Cr.) No. 277 of 2018

With

Cr. M. P. No. 1114 of 2016

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W. P. (Cr.) No. 277 of 2018:

Pradeep Ram @ Pradeep Verma

…

…

Petitioners

Versus

1.The State of Jharkhand

2.Union of India through the National

Investigation Agency

…

…

Opposite Parties

Cr. M. P. No. 1114 of 2016:

Pradeep Ram

…

…

Petitioner

Versus

The State of Jharkhand

…

…

Opposite Party

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CORAM

: HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY

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For the Petitioner

: Mr. R. S. Mazumdar, Senior Advocate

(in Cr.M.P. No. 277 of 2018)

: Mr. Deepak Kumar, Advocate

(in Cr.M.P. No. 1114 of 2016)

For the Opposite Party : A.P.P.

For the NIA

: Mr. Rohit Ranjan Prasad, Advocate

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3/26.09.2018

Heard Mr. Deepak Kumar, learned counsel for the petitioner in

Cr.M.P. No. 1114 of 2016 and Mr. R. S. Mazumdar, learned senior counsel

for the petitioner in W.P.(Cr.) No. 277 of 2018 and learned A.P.P. as well

as Mr. Rohit Ranjan Prasad, learned counsel appears for the NIA in

W.P.(Cr.) No. 277 of 2018.

Cr. M. P. No. 1114 of 2016:

2.

In this application, the petitioner has prayed for quashing of the

entire criminal proceeding including the order dated 11.03.2016 passed in

Tandwa P. S. Case No. 2 of 2016 coresponding to G. R. No. 45 of 2016

whereby and whereunder cognizance has been taken for the offences

punishable under Sections 414, 384, 386, 387, 120(B) of I.P.C. read with

Section 25 (1-B) (a), 26 & 35 of Arms Act and Section 17(1)(2) of Criminal

Law Amendment Act.

-2-

3.

The prosecution story in brief is that a secret information was

received by the informant regarding realization of illegal collection of

levy money from the contractors, transporters, D.O. holders, coal traders

by the named accused persons including the petitioner to provide it to

TPC extremists. On such information, the house of Binod Kumar Ganjhu

was raided on 11.01.2016 and an amount of Rs. 91,75,890/- was

recovered from a bag kept in the Almirah. It is alleged that Birbal

Ganjhu and Munesh Ganjhu were also found present in a suspicious

condition. One loaded mouzer pistol from Binod Ganjhu and one

countrymade pistol and two live catridges were recovered from Munesh

Ganjhu and all the three accused persons accepted their proximity with

the banned organization TPC. It has been alleged that Binod Ganjhu has

disclosed that he is engaged in collection of levy amount which he is

providing to TPC supremo Gopal Singh Bhokta @ Brajesh Ganjhu and

the said money is being distributed amongst various persons. On the

disclosure of Binod Ganjhu, the house of the petitioner was raided and in

the presence of two independent witnesses, Rs. 57,57, 710/- and four cell

phones were recovered. The petitioner has failed to provide a reasonable

explanation with respect to the huge quantity of cash which was

recovered from his house.

4.

Based on the aforesaid allegations, Tandwa P. S. Case No. 2 of 2016

was instituted under Section 414, 384, 386, 387 & 120(B) of I.P.C. under

Section 25(1-b) (a), 26 & 35 of the Arms Act and Section 17 (1) (2) of the

C.L.A. Act. Upon completion of investigation, charge-sheet was

submitted and vide order dated 11.03.2016 passed by the learned C.J.M.,

Chatra cognizance was taken for the offences punishable under Sections

414, 384, 386, 387, 120(B) of I.P.C. read with Section 25 (1-B) (a), 26 & 35 of

Arms Act and Section 17(1)(2) of Criminal Law Amendment Act.

W. P. (Cr.) No. 277 of 2018:

5.

The factual aspects as narrated above in Cr.M.P. No. 1114 of 2016

goes further in the present case in view of the subsequent developments

which had occurred and of which the petitioner is aggrieved.

6.

The prayer made in this writ application is for quashing the entire

criminal p