Disposed

Ifatekar Ahamad Khan v. Home Department

Jharkhand HC14 Feb 2018WPC/3638/2016

Case brief

AI extract

What is this about?

The High Court of Jharkhand disposed of a PIL seeking investigation into a criminal case involving an elected representative's alleged nexus with banned organizations. The court held that such matters should be monitored in an existing PIL regarding investigations against elected representatives, granting liberty to the petitioner to address the court in the larger PIL.

What did the court decide?

The petition is disposed of with liberty to address the court in the existing PIL No. 4306/2015 regarding the instant FIR.

Ifatekar Ahamad Khan Vs Home Department — Criminal Trial and Appeal | Jharkhand HC (2018)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (PIL) No. 3638 of 2016

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Ifatekar Ahamad Khan -----Petitioner

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Versus

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The State of Jharkhand

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The Home Secretary, Department of Home, Govt. of Jharkhand

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Director General of Police, Govt. of Jharkhand

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The Additional Director General of Police, Special branch, Ranchi

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The Superintendent of Police, Palamau

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Union of India through Home Secretary, Ministry of Home

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The Department of Personnel, Training & Administration, Govt. of India

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Director, National Investigating Agency

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Election Commission of India through the

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Chief Election Commissioner, New Delhi ----- Respondents

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CORAM: The Hon’ble Mr. Justice Aparesh Kumar Singh The Hon'ble Mr. Justice Ratnaker Bhengra

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For the Petitioner: Mr. Rajeev Kumar, Advocate For the Resp-State: Mr. Arbind Kumar, JC to GP-II

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05/ 14.02.2018 There are some defects to be removed in the matter which has been filed

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in July 2016 and twice time was granted earlier by the Lawazma Board also for the said purpose.

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However, upon going through the prayer and pleadings on record, and upon hearing the learned counsel for the petitioner, it appears that the petitioner herein is seeking investigation through National Investigation Agency in a matter in which Tarhasi P.S. Case No. 25/2016 has been instituted, apprehending that proper investigation by the local police may not be made as it relates to a public representative. Petitioner has sought to convey that during elections of Panki Assembly Constituency, the winning candidate was involved with a banned organization CPI (Maoist). The case therefore involves investigation of politicalMaoist nexus.

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Learned counsel for the State has informed the Court that a larger issue relating to expeditious investigation / trial of the criminal case involving elected public representative, is being already monitored by this Court in W.P.(PIL) No. 4306/2015, wherein the Respondent State has been filing status report of the progress of such investigation / trial from time to time. The trial of such cases are

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also to be expeditiously concluded within a time frame in view of the direction of the Apex Court passed in the case of Lily Thomas Vs. Union of India & others [(2013) 7 SCC 683] and the latest judgment rendered in the case of Ashwini Kumar Upadhyay Vs. Union of India & another [W.P.(Civil) No. 699/2016]

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4 . In these circumstances, we are of the view that the progress relating to investigation / trial in the instant Tarhasi P.S. Case No. 25/2016 can also be looked into in the said PIL. Learned counsel for the petitioner in such circumstances, seeks permission to address the Court in respect of the instant FIR also during the proceedings of the said W.P.(PIL) No. 4306/2015. In that view of the matter, the present public interest litigation is disposed of with the aforesaid liberty.

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( Aparesh Kumar Singh, J )

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( Ratnaker Bhengra, J)

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Ranjeet/

Ifatekar Ahamad Khan v. Home Department

Case brief

What is this about?

What did the court decide?

Ifatekar Ahamad Khan v. Home Department

Case brief

What is this about?

What did the court decide?

What the court decided

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