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1970 Supreme(SC) 456

A. N. RAY, C. A. VAIDIALINGAM, G. K. MITTER, J. M. SHELAT, M. HIDAYATULLAH
R. K. Garg: Rajendra Kumar Garg: Raj Kumar Vohra – Appellant
Versus
Superintendent, District Jail, Saharanpur: District Magistrate, Saharanpur: Superintendent, District Jail, Saharanpur – Respondent


M.HIDAYATULLAH, C.J.I.

(1) THIS order will dispose of Writ Petitions Nos. 319 and 372 of 1970, filed by Rajendra Kumar Garg and Writ Petition No. 323 of 1970, filed by Raj Kumar Vohra and others. By these petitions Rajendra Kumar Garg questioned his arrest and detention under S. 107/117 of the Code of Criminal Procedure and for his trial for offences under Section 188, etc. of the Indian Penal Code. The petitioner contended inter alia that the provisions of Section 144 and Ch. VIII of the Code of Criminal Procedure were violalive of the Constitution and were, therefore void after 26/01/1950. The other petitioners also had urged the same grounds. By an order in Writ Petitions Nos. 77, 219 and 307 of 1970, delivered earlier, but for which reasons have been given today, we have held these provisions to be valid and operative. These grounds, therefore, fail. Since Writ Petition No. 323 was based only on these grounds it must fail but no order is necessary as we understand that persons proceeded against under S. 107/117 have since been released and the cases withdrawn against then).

(2) THIS leaves over the contentions of Rajendra Kumar Garg regarding the validity of the o




























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