Balanand Mandal & Others vs The State Of Jharkhand & Others
2021 Latest Caselaw 4470 Jhar

        IN THE HIGH COURT OF JHARKHAND AT RANCHI
                      W.P. (Cr.) No. 40 of 2021
        Balanand Mandal & others                                   Petitioners
                                         Versus
        The State of Jharkhand & others                     ...      Respondents
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CORAM: Hon'ble Mr. Justice Aparesh Kumar Singh Hon'ble Mrs. Justice Anubha Rawat Choudhary

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For the Petitioners : Mr. Amarendra Kumar, Advocate For the Respondents : Mr. Prabhat Kumar, S.C.-II Mrs. Shivani Kapoor, A.C to S.C-II

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05/29.11.2021 Affidavit of the respondent nos. 2 & 3 is perfunctory. No supporting documents have been filed. Petitioners have alleged arrest of their kin without following the mandatory provisions of Code of Criminal Procedure and the mandate of Article 22(1) of the Constitution of India.

Let proper affidavit containing all the details with supporting documents be filed by respondent nos. 2 and 3 by 8th December, 2021 without fail. Let affidavit be also filed on behalf of Home Secretary, Govt. of Jharkhand indicating the procedure followed in case of intra district arrest or arrest carried out by Investigating Agency of any other State. The affidavit should also indicate whether the procedure commended by the Delhi High Court in the case of Sandeep Kumar -Vs. The State (Govt. of NCT of Delhi & Ors.) in W.P (Crl.) No. 2189 of 2018 judgment dated 12th December, 2019 is being followed in spirit or not in the State of Jharkhand.

Matter be listed on 9th December, 2021.

(Aparesh Kumar Singh, J)

(Anubha Rawat Choudhary, J) Jk