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Showing contexts for: CHATRA in Pradeep Ram vs The State Of Jharkhand on 1 July, 2019Matching Fragments
2.2 By order dated 10.03.2016, the appellant was granted regular bail by the High Court after he was taken into custody. On 10.03.2016, a charge sheet was submitted under Sections 414, 384, 386, 387, 120-B I.P.C. read with Sections 25(1-B)(a), 26, 35 of the Arms Act and Sections 17(1) and (2) of the Criminal Law Amendment Act. Chief Judicial Magistrate, Chatra took cognizance of the offences under Sections 414, 384, 386, 387, 120-B I.P.C. read with Sections 25(1-B)(a), 26, 35 of the Arms Act and Section 17(1) and (2) of the Criminal Law Amendment Act on 11.03.2016. A Crl.M.P. No. 1114 of 2016 was filed by the appellant on 10.05.2016 in the High Court under Section 482 Cr.P.C. praying for quashing the entire criminal proceeding including the order taking cognizance dated 11.03.2016. On 19.09.2016, the Chief Judicial Magistrate framed charges against the appellant under Sections 414, 384, 386, 387, 120-B I.P.C.
06/2018/NIA/DLI dated 16.02.2018 under the above noted sections. The appellant being under custody in some other case, request was made on behalf of the National Investigating Agency before the Special Judge, NIA, Ranchi on 22.06.2018 praying for issuance of production warrant. The Special Judge allowed the prayer. Consequently, the appellant was produced from Chatra Jail on 25.06.2018 and was remanded to judicial custody by order of Special Judge dated 25.06.2018.
48. Both the issues being interrelated are being taken together.
49. We may recapitulate the essential facts for deciding the above issues. F.I.R. No. 2 of 2016 dated 11.01.2016 was registered on 11.01.2016. The appellant was taken into custody on 11.01.2016 itself. On 10.03.2016, the appellant was granted bail by the order of High Court. Charge sheet dated 10.03.2016 was submitted before the Court of C.J.M., Chatra, on which chargesheet C.J.M. took cognizance on 11.03.2016 under Sections 414, 384, 386, 387, 120(B) I.P.C., Sections 25(1-B)(a), 26, 35 Arms Act and 17(1)(2) Criminal Law Amendment Act. The prayer of investigation officer on 09.04.2017 to add offences under Section 16, 17, 20 and 23 of Unlawful Activities (Prevention) Act was allowed. After notification of Central Government dated 13.02.2018 transferring the investigation to NIA, NIA took over the investigation and re-registered FIR No.RC-06/2018/NIL/DLI. The case stood transferred to court of Judicial Commissioner-cum-Special Judge NIA, Ranchi. The appellant being in custody in some other case, NIA prayed before Special Judge for issue of production warrant. On 25.06.2018 on the strength of production warrant appellant was produced before the Special Judge on 25.06.2018 by superintendent, Chatra Jail, Chatra. The Special Judge vide his order dated 25.06.2018 remanded the appellant to B.M.C. Jail Ranchi and directed to be produced on 26.06.2018. On 26.06.2018, the appellant was produced from Jail custody on which order was paved to put up on 11.07.2018.
64. We, however, have to decide the issue as per law irrespective of the stand taken by CBI. We may notice the order dated 25.06.2018 passed by the Court of Judicial Commissioner-cum-Special Judge NIA, Ranchi, which is to the following effect: -
“………25.06.2018 On strength of issued production warrant superintend Chatra Jail, Chatra produced accused namely Pradeep Ram @ Pradeep verma S/o Devki Ram, R/o Village. Winglat, P.S. Tandwa, District-Chatra. Let accused Pradeep Ram remanded in the case and sent to B.M.C. Jail, Ranchi to be produced on 26.06.2018. Learned Spl.P.P. is present.