Sudhanshu Ranjan vs The Union Of India Through
2021 Latest Caselaw 2987 Jhar

      IN      THE HIGH COURT OF JHARKHAND AT RANCHI
                              Cr.M.P. No. 1300 of 2021
       Sudhanshu Ranjan
       @ Chhotu Singh                                  .....   ...     Petitioner
                                    Versus
      The Union of India through
      National Investigation Agency,
      New Delhi.                                     ..... ...      Opposite Party
                               --------

CORAM : HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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      For the Petitioner       :        Mr. Ajit Kumar, Sr. Advocate
                               :        Mr. Vishal Kumar Trivedi, Advocate.
      For the NIA              :        Mr. Amit Kumar Das, Advocate
                               :        Mr. Saurav Kumar, Advocate
                               :        Mr. Shivam Sahay, Advocate
                               ------

04/ 18.08.2021 Heard Mr. Ajit Kumar, learned senior counsel, assisted by Mr. Vishal Kumar Trivedi, learned counsel appearing for the petitioner and Mr. Amit Kumar Das, learned counsel appearing for the NIA.

This petition has been heard through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due to COVID-19 pandemic.

The office has raised the objection about the maintainability of this criminal miscellaneous petition, in the light of Rule No. 84(g) of the High Court of Jharkhand Rules, 2001 and Section 21 of the NIA Act.

Mr. Ajit Kumar, learned senior counsel at the outset submits that the petitioner has been made approver by order dated 18.08.2020, as contained in Annexure-6 to this petition under Section 306 of the Cr.P.C. Learned counsel draws the attention of this Court towards Section 306(4)(b) of the Cr.P.C. and has interpreted this Section in the light of the judgments of the other High Courts wherein it has been held that in the case of approver, Section 439 Cr.P.C. is not maintainable, rather inherent power under Section 482 Cr.P.C. is attracted. He relied upon two judgments of this Court with regard to approver in the NIA cases.

Prima facie, it appears that after going through the judgments relied upon by learned senior counsel, appearing for the petitioner, this petition is maintainable under Section 482 Cr.P.C.

Mr. A.K. Das, learned counsel appearing for the NIA submits that this petitioner, although has been made approver, but his evidence has not been recorded as yet and in that view of the matter, the petitioner cannot be released at this stage as a precautionary measure.

In view of the aforesaid facts and taking into consideration that the petitioner is in custody for near about three years and has been made approver by the order of the Court below, it is desirable that the evidence of the petitioner shall be recorded within six weeks by the Trial Court.

Let this matter be again listed on 04.10.2021.

Let this order be communicated to the concerned Court through FAX at the cost of the petitioner.

(Sanjay Kumar Dwivedi, J.) Amitesh/-