Dismissed

Yogendra Saw v. The State Of Jharkhand And Ors.

Jharkhand HC8 Jul 2016W.P.(Cr.)/123/2016

Case brief

AI extract

What is this about?

Petitioner challenged an order of externment under the Jharkhand Control of Crimes Act. The court held the statutory appeal was available. The writ petition was dismissed with a direction for the Commissioner to hear and dispose of the appeal within three weeks.

What did the court decide?

Writ petition dismissed; direction to respondent-3 to hear parties and decide the appeal within three weeks.

Yogendra Saw Vs The State Of… — Constitutional and Fundamental Rights | Jharkhand HC (2016)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(Cr) No. 123 of 2016

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Yogendra Saw, Son of Shri Laxman Saw, Hon'ble Member of Legislative Assembly, Resident of Village-Pahra, P.O. & P.S. Keredari, District-Hazaribagh (Jharkhand). ..... Petitioner

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Versus

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The State of Jharkhand.

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Secretary, Department of Home, Government of Jharkhand, Project Bhawan, P.O. Dhurwa, P.S. Jagarnathpur, District-Ranchi, Jharkhand.

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Commissioner, North Chotanagpur Division, Hazaribagh, P.O. & P.S. Hazaribagh, District-Hazaribagh.

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Deputy Commissioner, Hazaribagh, P.O. & P.S. Hazaribagh, District-Hazaribagh.

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… Respondents

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CORAM : HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY

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For the Petitioner : Mr. Amit Kumar Das, Advocate For the State : Mr. Chanchal Kumar Jain, J.C. to A.A.G.

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03/08.07.2016 Heard the parties.

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The petitioner in this writ petition has challenged the order dated 28.05.2016, passed by the Deputy Commissioner, Hazaribagh in C.C.A. Case No. 03 of 2016, whereby and whereunder in exercise of powers under section 3 of the Jharkhand Control of Crimes Act, an order of externment has been passed.

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It has been submitted by the learned counsel for the petitioner that the order of the Deputy Commissioner, Hazaribagh is an appellable order in terms of section 6 of the Jharkhand Control of Crimes Act but in view of the fact that the Commissioner, North Chhotanagpur Division, Hazaribagh is not holding court as such the petitioner was constrained to prefer this writ petition challenging the order of externment.

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Mr. Chanchal Kumar Jain, learned J.C. to A.A.G. on oral instruction has submitted that the Commissioner, North Chhotanagpur Division, Hazaribagh shall sit on 14.07.2016, on which date, the appeal preferred by the petitioner shall be considered.

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In view of submission advanced by the learned J.C. to A.A.G., this writ petition is disposed of in view of alternative remedy available to the petitioner under section 6 of the Jharkhand Control of Crimes Act with a further direction to respondent no. 3-Commissioner, North Chotanagpur Division, Hazaribagh to hear the parties and thereafter take a final decision on the appeal within a period of three weeks from

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-2-

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the date the hearing of appeal is concluded. It is further directed that if the hearing of appeal is not concluded on 14.07.2016, the same shall be heard on day to day basis.

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Let a copy of the order be given to Mr. Chanchal Kumar Jain, learned J.C. to A.A.G.

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(Rongon Mukhopadhyay, J)

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Rakesh/

Yogendra Saw v. The State Of Jharkhand And Ors.

Case brief

What is this about?

What did the court decide?

Yogendra Saw v. The State Of Jharkhand And Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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