Rongon Mukhopadhyay, J. - (1.) Heard Mr. Rajesh Kumar, learned counsel for the petitioner and Mr. Rajiv Ranjan Mishra, learned G.P.II for the respondents.
(2.) In this writ application, the petitioner has prayed for quashing of the order as contained in Memo No. 5/CCA/01/27/2017-2693 dated 15.05.2017 passed by the Additional Secretary, Department of Home, Government of Jharkhand, Ranchi by which the detention order passed under Section 12(2) of the Jharkhand Crime Control Act, 2002 has been extended till 07.09.2017. Further prayer has been made directing the concerned respondents to release the petitioner from illegal detention.
(3.) The factual aspects as narrated in the writ application is that the petitioner was made an accused in several cases which led the respondent no. 6 to intimate the respondent no. 4 that it was necessary for the petitioner to be detained under Section 12(2) of the Jharkhand Crime Control Act, 2002 (hereinafter referred to as the Act). The respondent no. 5 thereafter vide Memo No. 65 dated 24.01.2017 made a recommendation to the District Magistrate, Garhwa (Respondent No. 4) for detaining the petitioner in custody under Section 12(2) of the Act. The ground which was taken by the respondent no. 5 was that there was a likelihood of the petitioner being released from custody and his release will create a law and order problem and therefore it was necessary that the petitioner be detained under Section 12(2) of the Act as a preventive measure. The respondent no. 4 i.e. the District Magistrate, Garhwa passed an order on 08.03.2017 detaining the petitioner for three months which was confirmed by the respondent no. 3 vide Memo dated 16.03.2017 and thereafter the matter was referred to the Advisory Board which vide its order dated 01.04.2017 held that sufficient ground was enumerated for detaining the petitioner. Subsequently after the order of the Advisory Board the order of detention of the petitioner was confirmed by the State Government vide Memo dated 11.04.2017. On 15.05.2017 the detention of the petitioner was further extended for a period of three months till 07.09.2017 and the petitioner is aggrieved by the extension of his detention order.;