[Cites 4, Cited by 0]
Jharkhand High Court
Bacha Singh @ Bacha Babu Singh Aged About ... vs The State Of Jharkhand ... Opposite ... on 9 March, 2026
Author: Rongon Mukhopadhyay
Bench: Rongon Mukhopadhyay, Deepak Roshan
Neutral Citation
2026:JHHC:6124-DB
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. M.P. No. 2591 of 2022
1. Bacha Singh @ Bacha Babu Singh aged about 48 years,
son of Upadhyay Singh, resident of Nisan Hat, Qr. No.
HMD 50D, P.O. & P.S.- Bokaro Thermal, District-
Bokaro.
2. Abdul Razak Ansari @ Md. Razak Ansari aged about 45
years, son of Hamid Ansari, resident of Nisan Hat, Qr.
No. HMD 26A, P.O. & P.S.- Bokaro Thermal, District-
Bokaro.
3. Sanjay Turi @ Sanjay Kumar Turi aged about 38 years,
son of Bigan Turi, resident of village- Nisan Hut Jhopri,
Govindpur B, P.O.- Govindpur, P.S.- Bokaro Thermal,
District- Bokaro.
4. Nageshwar Mahto aged about 50 years, son of Late
Pachu Mahto, resident of Nisan Hat, Qr. No. HMD 36A,
P.O. & P.S.- Bokaro Thermal, District- Bokaro.
5. Damodar Turi aged about 40 years, son of Moti Turi,
resident of village- Nawada, P.O.- Maniyari, P.S- Tundi,
District- Dhanbad.
6. Raghuwar Singh aged about 50 years, son of
Satyanarayan Singh, resident at HMT- 10/K, Murgifarm,
Govindpur- C, P.O.- Govindpur, P.S.- Bokaro Thermal,
District- Bokaro. ... Petitioners
Versus
The State of Jharkhand ... Opposite Party
----
PRESENT
HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY
HON'BLE MR. JUSTICE DEEPAK ROSHAN
----
For the Petitioners : Mr. Jitendra S. Singh, Adv.
For the O.P. : Mr. Satish Prasad, A.P.P.
----
CR.M.P. NO. 2591 OF 2022 1
Neutral Citation
2026:JHHC:6124-DB
Dated : 09/03/2026
1. Heard Mr. Jitendra S. Singh, learned counsel for the
petitioners and Mr. Satish Prasad, learned A.P.P.
2. In this application, the petitioner has prayed for quashing
the entire criminal proceedings in connection with Bokaro
Thermal P.S. Case No. 139/2017 including the order dated
11-10-2023 passed by the learned Judicial Magistrate 1st Class,
Bermo at Tenughat, whereby and whereunder, cognizance has
been taken for the offences under Section 17(1)(2) of the Criminal
Law (Amendment) Act, Section 124(A) IPC and Section 13/17 of
the Unlawful Activities (Prevention) Act, 1967.
3. The prosecution case arises out of the self-statement of the
Officer-in-Charge of Bokaro Thermal P.S. in which it has been
alleged that the informant had received a secret information to
the effect that Mazdoor Sangathan Samiti members are indulging
in extracting donations and are illegally enrolling members and
based on such secret information, a raid was conducted in the
Office of the Mazdoor Sangathan Samiti and 8-10 persons
present had managed to make good their escape. A red colored
flag hoisted at the office premises and some posters were seized.
The informant had come to know that Mazdoor Sangathan Samiti
is a frontal organisation of CPI (Maowadi) which has been
declared unlawful vide notification dated 22-12-2017 issued by
the State Government.
4. Based on the enforced allegations, Bokaro Thermal P.S.
Case No. 139/2017 was instituted for the offences under Section
17(1)(2) of the Criminal Law (Amendment) Act, Section 124(A) IPC
and Section 13/17 of the Unlawful Activities (Prevention) Act,
1967. On completion of investigation, charge sheet was
submitted after which cognizance was taken vide order dated
11-10-2023 by the learned Judicial Magistrate, 1st Class, Bermo
CR.M.P. NO. 2591 OF 2022 2
Neutral Citation
2026:JHHC:6124-DB
at Tenughat for the offences under Section 17(1)(2) of the
Criminal Law (Amendment) Act, Section 124(A) IPC and Section
13/17 of the Unlawful Activities (Prevention) Act, 1967.
5. It has been submitted by Mr. Jitender S. Singh, learned
counsel for the petitioners that the petitioners have been
implicated merely because they are the members of the Mazdoor
Sangathan Samiti which had been declared unlawful by the
Government of Jharkhand vide notification dated 22-12-2017. It
has been submitted that Mazdoor Sangathan Samiti is a
registered trade union which has been formed with an object to
organise and unite the workers engaged in various collieries for
protection of rights of its members and to improve wages and the
working conditions. The notification dated 22-12-2017 by virtue
of which Mazdoor Sangathan Samiti was declared an unlawful
association was challenged in W.P.(Cr.) No. 38 of 2018 and the
said notification was set aside vide order dated 11-02-2022.
Mr. Singh has submitted that since the concerned notification
ceased to exist, the entire criminal proceeding against the
petitioners is liable to be quashed.
6. Learned A.P.P. has submitted that though the notification
dated 22-12-2017 has been quashed in W.P.(Cr.) No. 38 of 2018,
but consequently, vide notification dated 02-08-2023, the
Mazdoor Sangathan Samiti was once again declared an unlawful
organisation. It has been submitted that the Mazdoor Sangathan
Samiti is a frontal organisation of an extremist group and in
course of investigation, several incriminating materials were
collected and seized which indicate that under the garb of trade
union activities, it was actively involved in various subversive
activities.
7. It appears that Bokaro Thermal P.S. Case No. 139/2017
was instituted on 30-12-2017 and the Mazdoor Sangathan
CR.M.P. NO. 2591 OF 2022 3
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2026:JHHC:6124-DB
Samiti of which the petitioners are members in various capacities
was declared an "unlawful association" vide notification dated
22-12-2017. Though the concerned notification was quashed in
W.P.(Cr.) No. 38 of 2018, but the same was revived by virtue of
notification No. 3479 dated 02-08-2023 and as on date, the said
notification continues to operate in absence of there being any
materials to the contrary.
8. The counter affidavit filed by the State reveals that a search
was conducted in the office of the Mazdoor Sangathan Samiti in
presence of the Circle Officer and other independent witnesses
and various objectionable articles including revolutionary
magazines and novels were recovered and seized. Several
witnesses have supported the prosecution case in course of
investigation and the accused persons had also confessed. The
grounds raised by the learned counsel for the petitioners are
matters of defence which can only be considered at the time of
trial and it would be premature at this stage to come to any
conclusive finding on the assertions made by the learned counsel
for the petitioners.
9. We, therefore, on the basis of what has been stated above
do not find any merit in this application which accordingly
stands disposed of with the liberty to the petitioners to raise all
their points at the appropriate stage.
10. Pending I.A.(s), if any, stands closed.
(RONGON MUKHOPADHYAY, J.)
(DEEPAK ROSHAN, J.)
Dated- 09th March, 2026.
Preet/-
Uploaded on: 11/03/2026.
CR.M.P. NO. 2591 OF 2022 4
