Subhash Sahu Vs the State of Jharkhand through the Secretary Department of Home — Jharkhand HC (2024) — LawSathi Research

Subhash Sahu Vs the State of Jharkhand through the Secretary Department of Home — Jharkhand HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

No direct order cancelling the Aadhaar Cards was passed; the Court disposed of the petition with directions that the investigating agencies examine the Aadhaar-manipulation aspect within the ten pending cases against respondent No.5, reflect it in their charge-sheets, keep the Court's observation in mind, and take recourse under Section 102 Cr.P.C. where applicable.

Issue for consideration

Whether the two Aadhaar Cards Nos. 424997140439 and 275291495679, both purportedly belonging to respondent No.5 Abhi Kumar @ Agindar Kumar Mandal, should be cancelled. +1 more

Ratio / Principle

The misappropriation/manipulation of the Aadhaar aspect can be investigated by the Investigating Officers investigating the cases pending against respondent No.5, and they will also file the charge-sheet on the aspect of manipulation of the Aadhaar Card by respondent No.5.

Key takeaways

The investigating agencies are to keep the Court's above observation (regarding investigation of the Aadhaar-manipulation aspect and charge-sheeting) in mind.ratio¶11
If the concerned Investigating Officers find the applicability of Section 102 of Cr.P.C. in the investigation, they may take recourse under that provision as well.obiter¶12

Detailed headnote1 paragraphs

W.P. (Cr.) No. 1230 of 2023, High Court of Jharkhand, Ranchi; disposed 24.07.2024 by Sanjay Kumar Dwivedi, J. Petitioner Subhash Sahu sought cancellation of two Aadhaar Cards (Nos. 424997140439 and 275291495679), both allegedly held by respondent No.5 Abhi Kumar @ Agindar Kumar Mandal; counsel alleged respondent No.5 had fraudulently obtained Rs.45 lacs using forged Aadhaar Cards. UIDAI's counter affidavit and the SSP Ranchi enquiry report were taken on record; counsel for UIDAI acknowledged both numbers pertain to respondent No.5 and invoked Sections 34 and 35 of the Aadhaar Act, 2016 on misuse. Noting ten police/complaint cases pending against respondent No.5 across Bihar and Jharkhand (in one of which he is in jail custody), the Court directed that the Aadhaar-manipulation aspect be investigated by the Investigating Officers handling those cases and covered in their charge-sheets, instructed the investigating agencies to keep the observation in mind, and indicated recourse under Section 102 Cr.P.C. where applicable. The Court did not itself order cancellation of the Aadhaar Cards.

IN THE HIGH COURT OF JHARKHAND, RANCHI W.P. (Cr.) No. 1230 of 2023

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Subhash Sahu .... Petitioner

-- Versus --

1. The State of Jharkhand through the Secretary, Department of Home, prison disaster management, Government of Jharkhand having its office at Project Building Dhurwa, P.O. – Dhurwa, P.S. – Jagarnathpur, District – Ranchi, Jharkhand

2. The Director General of Police, Government of Jharkhand having its office at police head quarter Dhurwa, P.O. – Dhurwa, P.S. – Jagarnathpur, District – Ranchi, Jharkhand

3. The Superintendent of Police, Ranchi, P.O. – G.P.O., P.S. – Kotwali, District – Ranchi, Jharkhand.

4. The Union of India through the Chairperson, Unique Identification Authority of India, Government of India, Bangla Sahib Road, Behind Kali Mandir, Gole Market, P.O. & P.S. – Bangla Sahib, District – New Delhi.

5. Abhi Kumar @ Agindar Kumar Mandal, aged about 28 years (father name and address as per Aadhar Cards No.424997140439 son of Rambilash Mandal, R/o Shatbdi Nagar Road No.4, Chiroundi Tagore Hill Road, Bariatu, Ranchi, P.O. & P.S. – Bariatu, Jharkhand (Father Name and Address as per Aadhar Cards No.275291495679 S/o Rambilash Singh, R/o Road No.13/40, new Morabadi, P.O. – Ranchi University, P.S. – Bariatu, Ranchi, Jharkhand.

.... Respondents

CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

--For the Petitioner :- Mr. Deepak Kr. Dubey, Advocate For the State :- Mr. Deepankar, Advocate For the UIDAI :- Mr. Ravi Prakash, Advocate

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W.P. (Cr.) No. 1230 of 2023

04 /24.07.2024 Heard learned counsel appearing for the petitioner, learned counsel appearing for the State and learned counsel appearing for the Unique Identification Authority of India (UIDAI), Government of India.

2. Mr. Ravi Prakash, learned counsel appearing for the UIDAI, submits that the counter affidavit has already been served upon the learned counsel appearing for the petitioner, however, it was not presented in the Registry as the matter was on Board.

3. In view of his such submission the said counter affidavit is taken on record

4. Mr. Deepankar, learned counsel appearing for the State submits that the enquiry was made by the Senior Superintendent of Police, Ranchi and the report has been received and in view of his such submission the said report is taken on record.

5. The prayer in the writ petition is made for cancelling the Aadhar Card Nos. 424997140439 and 275291495679 on the ground that both the Aadhar Cards belongs to one and the same person namely Abhi Kumar @ Agindar Kumar Mandal, who is respondent No.5 in the writ petition which is impossible in the eye of law.

6. Learned counsel appearing for the petitioner submits that fraudulently on the basis of forged Aadhar Cards respondent No.5 has taken a sum of Rs.45 lacs and he is in habit of cheating the other persons by way of utilizing different Aadhar cards and that fact has --2-- W.P. (Cr.) No. 1230 of 2023

also come in the report of Senior Superintendent of Police, Ranchi

and in view of that the appropriate order may kindly be passed.

7. Mr. Deepankar, learned counsel appearing for the respondent State submits that the investigation with regard to cheating of the petitioner is being done in ten cases registered against respondent No.5 by the police having the jurisdiction of particular cases as well as by the learned Court in the complaint case which are as under:

I. Supaul (Bihar) Mahila P.S. Case No.22/22.

II. Gomia (Bokaro) P.S. Case No.69/2020.

III. Mahila (Ranchi) P.S. Case No.17/2021.

IV. Ormanjhi (Ranchi) P.S. Case No.178/2020.

V. Ranchi Complaint Case No.13128/2023.

VI. Ranchi Complaint Case No.754/2021.

VII. Ramgarh Case No.335/2015.

VIII. Ramgarh Complaint Case No.611/2017.

IX. Rajrappa (Ramgarh) P.S. Case No.56/2018.

X. Hazaribagh Complaint Case No.3729/2023.

8. He submits that the investigating agency are investigating the cases and so far the Aadhar aspect is concerned that can also be investigated by the concerned investigating officer and they can register the case under appropriate sections, if the case is made out.

9. Mr. Ravi Prakash, learned counsel appearing for the UIDAI submits that so far Aadhar No.424997140439 is concerned that is of respondent No.5 and another Aadhar No.275291495679 is in the

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W.P. (Cr.) No. 1230 of 2023

name of Abhi Kumar @ Agindar Kumar Mandal. He submits that there are provisions of punishment, if any person is misusing of the Aadhar Card under Section 34 and 35 of The Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016. He submits that so far department is concerned there is no laches on the part of the department and if any manipulation is made that has been done by respondent No.5.

10. In view of the above submission of learned counsel appearing for the parties, it transpires that there are ten cases pending against the respondent No.5 and in one of the case he is still in jail custody and the misappropriation of the Aadhar aspect can be investigated by the Investigating Officer, who are investigating the cases pending against the respondent No.5 and they will file the charge sheet on the aspect of manipulation of Aadhar Card by respondent No.5 also.

11. The above observation will be kept in mind by the investigating agencies.

12. If the concerned Investigating Officers finds that the applicability of Section 102 of Cr.P.C. is there in the investigation, they may take recourse under that also.

(Sanjay Kumar Dwivedi, J.)

Sangam/

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W.P. (Cr.) No. 1230 of 2023