Ashok Bhushan, J. - (1.) These appeals have been filed against the judgment dated 26.09.2018 of High Court of Jharkhand dismissing the Writ Petition (Crl.) No. 277 of 2018 and Crl. Misc. Petition No. 1114 of 2016 under Section 482 Cr.P.C. filed by the appellant.
(2.) Brief facts of the case and sequence of events are:- 2.1 On 11.01.2016, a First Information Report No. 02/2016, Police Station Tandwa was lodged for 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. Apart from petitioner, there were 11 other named accused. The allegations made against the accused were that applicant by showing fear of extremist of TPC Group recovered levy from the contractors, transporters and coal businessman. It was also alleged that on information received from a co-accused, a search was also conducted in the house of the appellant, during which search, an amount of Rs.57,57,510/- was recovered from the bag kept in the room of the appellant alongwith four mobiles. No satisfactory explanation was given by the appellant.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. Charges were also framed under Sections 25(1-B)(a), 26, 35 of the Arms Act as well as under Section 17(1) and (2) of the Criminal Law Amendment Act. The High Court passed an interim order on 15.12.2016 staying the further proceedings in Tandwa P.S. Case No.2/2016.2.3 On the prayer made by the Investigating Officer on 09.04.2017, offences under Sections 16, 17, 20 and 23 of the Unlawful Activities (Prevention) Act, 1967 were added against the accused. Central Government issued an order dated 13.02.2018 in exercise of power conferred under sub-section 5 of Section 6 read with Section 8 of the National Investigation Agency Act, 2008 suo-moto directing the National Investigation Agency to take up investigation of case F.I.R. No.02/2016, in which Sections 16, 17, 20 and 23 of the Unlawful Activities (Prevention) Act, 1967 were added, which were scheduled offences. In pursuance of the order of the Central Government dated 13.02.2018, National Investigation Agency re-registered the First Information Report as FIR No.RC-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 25.06.2018.2.4 A Writ Petition (Crl.) No.277 of 2018 was filed by the appellant praying for quashing the entire criminal proceedings in connection with Special NIA Case No.03 of 2018 including the First Information Report being No.RC-06/2018/NIA/DLI. A further prayer was also made for quashing the order dated 25.06.2018 remanding the appellant to the judicial custody by order of the Judicial Commissioner-cum-Special Judge, NIA, Ranchi. The High Court by the impugned judgment dated 26.09.2018 dismissed both, the Writ Petition (Crl.) No.277 of 2018 as well as Crl.M.P. No.1114 of 2016, aggrieved against which judgment, these appeals have been filed by the appellant.
(3.) We have heard Shri Abhinav Mukherji, learned counsel appearing for the appellant and Shri Aman Lekhi, learned Additional Solicitor General for the Union of India. We have also heard learned counsel appearing for the State of Jharkhand.;