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Judgment
This Writ petition was filed on 30.04.2020 though learned counsel for the petitioner has submitted that he has filed the same through online on 28.04.2020.
It appears that there are several defects in the writ petition. The learned Advocate, Mr. Manoj Kumar Choubey has given an undertaking that, he will remove all the defect(s) after the lock down period is over as the country is facing Pandemic COVID-19.
Learned counsel for the petitioner, Mr. Manoj Kumar Choubey has submitted that petitioner has been detained under Jharkhand Control of Crimes Act, 2002 though the Advisory Board has not approved his detention but the said order has not been communicated to the petitioner through the Jail authority, as such, the detention of the petitioner is illegal and bad in law.
Learned counsel for the State, Mr. Dhananjay Kumar Pathak, G.A.-III has submitted that detailed counter affidavit is required in this case as petitioner has wrongly submitted that he is involved in only two cases whereas the list shows that in different places in the State of Jharkhand itself he is involved in 33 cases.
Learned counsel for the State has further submitted that he was also produced in criminal case before Sonbhadra district, Uttar Pradesh, as such, he has inter State criminal history, as such, the criminal history with present status of the cases is required to be brought on record. The State may be granted time to file detail counter affidavit in this matter as the Country is passing through a pandemic disease Covid-19.
Learned counsel for the petitioner, Mr. Manoj Kumar Choubey has submitted that he will furnish the detail list of criminal cases pending against the petitioner instituted anywhere in India within a period of two weeks with present status of the criminal cases but he has submitted that in all the cases he has been enlarged on bail by competent Court of law.
Considering the averments made by the petitioner that Advisory Board has not approved the detention of the petitioner under Jharkhand Control of Crimes Act, 2002 and copy of the order passed by the Advisory Board has not been served upon the petitioner, it is desirable that Jail authority must serve the copy to the petitioner within a period of two days.
Learned counsel for the State, Mr. Dhananjay Kumar Pathak shall ensure that Jail Authority i.e. respondent no.7 must serve the copy to the petitioner. Petitioner shall file detailed supplementary affidavit regarding the criminal history as stated above with present status of the cases by 13.05.2020. Learned counsel for the State must file affidavit within a week thereafter i.e. by 21.05.2020.
Put up this case thereafter.
Petitioner is at liberty to mention this case after compliance of this order.