Jharkhand High Court
Kobad Gandhy @ Arvind @ Kartik Ansari vs The State Of Jharkhand ..... Opp. Party on 19 February, 2019
Author: Anant Bijay Singh
Bench: Anant Bijay Singh
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 3810 of 2018
Kobad Gandhy @ Arvind @ Kartik Ansari
@ Sali @ Rajan @ Kisor ..... Petitioner(s)
Versus
The State of Jharkhand ..... Opp. Party
WITH
B.A. No. 5994 of 2018
Kobad Gandhy @ Arvind @ Kartik Ansari
@ Kamal @ Salim @ Rajan @ Kisor ..... Petitioner(s)
Versus
The State of Jharkhand ..... Opp. Party
-----
CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH
-----
For the Petitioner(s) : Mr. Jitendra S. Singh, Advocate
For the State : A.P.P.
-----
15/Dated: 19.02.2019
Both the bail applications are heard together. B.A. No. 3810 of 2018 The petitioner is an accused in Bokaro Thermal P.S. Case No.25 of 2007, corresponding to G.R. No. 259/2007, registered for the offence under Sections 147, 148, 149, 324, 326, 436, 380, 307, 353, 302 of the Indian Penal Code, Section 27 of Arms Act, Section 3/4/5 of Explosives Substance Act, Sections 10/13 of Unlawful Activities (Prevention) Act and Section 17 (i) (ii) of Criminal Law Amendment Act, pending in the court of learned Judicial Magistrate 1st class, Bermo at Tenughat.
In terms of order dated 16.01.2019 a fresh report from the court below has been received.
From perusal of status report dated 23.01.2019 submitted by Additional Sessions Judge-I, Bermo at Tenughat, it reveals that charges have been framed under Sections 147/ 148/ 324/ 326/ 436/ 380/ 307/ 353/ 302/ 149 of I.P.C., Section 27 Arms Act, 3/4/5 Explosive Substances Act, u/s 10/13 U.A.P. Act and 17 C.L.A Act against the petitioner.
Matter is listed today. Before passing the order, attention of this court is drawn to the provision under section 45 of The Unlawful Activities (Prevention) Act, 1967 which reads as under:
45. Cognizance of offences.- [(1)] No Court shall take cognizance of any offence-
(i)under chapter III without the previous sanction of the Central Government or any officer authorized by the Central Government in this behalf;
(ii)under Chapters IV and VI without the previous sanction of the Central Government or, as the case may be, the State Government, and where such offence is committed against the Government of a foreign country without the previous sanction of the Central Government.
[(2) Sanction for prosecution under sub- section (1) shall be given within such time as may be prescribed only after considering the report of such authority appointed by the Central Government or, as the case may be, the State Government which shall make an independent review of the evidence gathered in the course of investigation and made a recommendation within such time as may be prescribed tot he Central Government or, as the case may be, the State Government.] Office is directed to call for a report from the trial court as to what steps have been taken for obtaining sanction from the concerned authority as per Section 45 of The Unlawful Activities (Prevention) Act, 1967 before taking the cognizance of the offence under Section 10/13 of U.A.P. Act.
The report must be submitted latest by 07.03.2019. Petitioner is in custody since 16.12.2017. Let a copy of this order be communicated to the court below through FAX.
B.A. No. 5994 of 2018The petitioner has been made accused in connection with Nawadih P.S. Case No.87 of 2006, corresponding to G.R. No. 874/2006, registered for the offence under Sections 147, 148, 149, 353, 307, 324, 326, 431, 440, 302, 120B of the Indian Penal Code, Section 3/4/5 of Explosives Substance Act, Sections 10/13 of Unlawful Activities (Prevention) Act and Section 17 (i) (ii) of Criminal Law Amendment Act, pending in the court of learned Additional Chief Judicial Magistrate, Bermo at Tenughat.
In terms of order dated 22.01.2019 status report from the court below has been received.
From perusal of status report dated 30.01.2019 submitted by Additional Sessions Judge-I, Bermo at Tenughat, it reveals that charges have been framed under Sections 147, 148, 353/149, 397/149, 307/149, 324/149, 326/349, 431/149, 440/149, 302/149, 120B/149 IPC, 3/4/5 Explosive Sub. Act. 17 of C.L.A. Act, 10/13 of U.A.P. Act against the petitioner.
Matter is listed today. Before passing the order, attention of this court is drawn the provision to section 45 of The Unlawful Activities (Prevention) Act, 1967 which reads as under:
45. Cognizance of offences.- [(1)] No Court shall take cognizance of any offence-
(i)under chapter III without the previous sanction of the Central Government or any officer authorized by the Central Government in this behalf;
(ii)under Chapters IV and VI without the previous sanction of the Central Government or, as the case may be, the State Government, and where such offence is committed against the Government of a foreign country without the previous sanction of the Central Government.
[(2) Sanction for prosecution under sub- section (1) shall be given within such time as may be prescribed only after considering the report of such authority appointed by the Central Government or, as the case may be, the State Government which shall make an independent review of the evidence gathered in the course of investigation and made a recommendation within such time as may be prescribed tot he Central Government or, as the case may be, the State Government.] Office is directed to call for a report from the trial court as to what steps have been taken for obtaining sanction from the concerned authority as per Section 45 of The Unlawful Activities (Prevention) Act, 1967 before taking the cognizance of the offence under Section 10/13 of U.A.P. Act.
The report must be submitted latest by 07.03.2019. Petitioner is in custody since 23.02.2018. List these cases on 07.03.2019.
Let a copy of this order be communicated to the court below through FAX.
(Anant Bijay Singh, J.) Pramanik/