Jharkhand High Court
Kuldeo Sah Alias Mithun Sah vs The State Of Jharkhand & Anr on 29 October, 2024
Author: Sujit Narayan Prasad
Bench: Sujit Narayan Prasad, Subhash Chand
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Appeal (D.B.) No.736 of 2023
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Kuldeo Sah alias Mithun Sah ... Appellant Versus The State of Jharkhand & Anr. ... ... Respondents With Criminal Appeal (D.B.) No.1208 of 2023
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Kuldeo Sah alias Mithun Sah ... Appellant Versus The State of Jharkhand & Anr. ... ... Respondents With Criminal Appeal (D.B.) No.1504 of 2023
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Pappu Sah @ Pappu Kumar Sah ... Appellant Versus The State of Jharkhand ... ... Respondent
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CORAM: HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON'BLE MR. JUSTICE SUBHASH CHAND
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For the Appellants : Mr. Gautam Kumar, Advocate For the Respondent : Mrs. Nehala Sharmin, Spl.PP ` Mrs. Lily Sahay, APP Mrs. Ruby Sahay, APP For the UIDAI : Mr. Prashant Pallav, DSGI For the OP No.2 : Mr. Pratiush Lala, Advocate
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th Order No.20/Dated:29 October, 2024 Affidavits have been filed by the respondent-UIDAI.
2. Mr. Prashant Pallav, the learned DSGI appearing for the UIDAI has submitted by referring to the provision of section 31 of the Aadhaar (Targeted Delivery of Financial & Other Subsidies, Benefits and Services) Act, 2016 that there is no such provision available in the Statute to provide any details of the Aadhar Card of any individual.
3. It has been submitted that the proper course would have been to make an application before the authority of UIDAI giving therein the details and the reason for seeking the details of the suspected person for whom the allegation of trafficking leading to institution of present F.I.R under the provision of section 370/34 of the I.P.C has been levelled.
4. In response, Mrs. Nehala Sharmin, the learned Spl.PP has submitted by referring to paragraph no.7 of the counter-affidavit dated 17.10.2024 that the S.I.T has made a requisition seeking the details from the UIDAI so as to have a clue to trace out the minor who has been subjected to trafficking and is not being traced out for last about more than 10 years, the two minors herein.
5. Mr. Prashant Pallav, the learned DSGI, upon this, has submitted that the copy of the said affidavit has not been served upon him.
6. Mrs. Nehala Sharmin, the learned Spl.PP has transmitted the copy of the said affidavit through Electronic Mode. However, it has been submitted by the learned Spl.PP that the communication of the S.I.T has also been sent to the authority of UIDAI on 28.03.2024 through official e-mail of S.I.T.
7. This Court fails to understand that when requisition has been made before the authority of UIDAI then why the appropriate decision, either way, not be communicated to the S.I.T. The authority which has been constituted for the aforesaid purpose, i.e. UIDAI, is also having the element of the public functionary and, as such, when any application, that too, by the prosecution side, i.e. herein the S.I.T, if have been made, then it was the bounded duty of the concerned authority to take a decision by making reference of the rider available in the statute, but they cannot in any circumstances keep the matter pending by not taking any decision upon the same.
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8. Let the learned Spl.PP be furnished the details of the official mail to which the said communication had been sent to the UIDAI.
9. Let the further affidavit be filed by UIDAI by taking a decision on the said application.
10. In the meanwhile, as has been submitted by the learned Spl.PP, the endeavour has been taken by the S.I.T, since, as per her instruction, the S.I.T has moved today to have a clue of the traceless two minors on the date when both the minors have been subjected to trafficking.
11. Let the further update be furnished on the next date of hearing by filing appropriate affidavit to be filed by the individual who is heading the S.I.T.
12. It has been submitted by Mr. Gautam Kumar, the learned counsel appearing for the appellants that although he is representing the appellants, but it is rampant in the area where trafficking is in the large scale, as such, an effective measure is to be taken by the District Administration, particularly, the Police Administration to put a check upon the menaces of trafficking.
13. The learned Spl.PP, therefore, is directed to file an affidavit regarding what remedial measure has been taken to protect or put a check upon the trafficking of the minor/adults from that area.
14. As prayed for, list these matters on 4.12.2024.
(Sujit Narayan Prasad, J.) (Subhash Chand, J.) Sudhir 3