V.BHARGAVA, S.M.SIKRI, I.D.DUA
A. Lakshmanarao – Appellant
Versus
Judicial Magistrate, First Glass, Parvatipuram – Respondent
Judgment
DUA, J.:- The petitioner, A Lakshmanrao, an Advocate practising at Narasipatnam in the district of Visakhapatnam in the State of Andhra Pradesh has applied under Article 32 of the Constitution for a writ of habeas corpus on the following averments:
2. The petitioner, while going home from the Court, was arrested on 17th July, 1970 at about 12.30 in the afternoon. He was not shown any warrant at the time of his arrest He was produced before a Judicial Magistrate, First Class, on 18th July and remanded to judicial custody under Section 167 (2), Criminal P. C. for 15 days. At the time of remand he was informed by the Magistrate that he was accused of offences under Sections 120-B, 121-A, 122 read with 302 and 395, I P. C. in Crime No. 3 of 1970 (known as Parvatipuram Naxalite Conspiracy Case). The crime had been registered in January, 1970 in which more than 148 persons were sought to be proceeded against The names of only 148 accused persons were specifically mentioned. The petitioner and one Dr. C. Ramadass were not specifically named. They were apparently included in the expression "others". On 30th March, 1970 a report was filed by the Investigating Officer describing it as
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