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RAJEEV GUPTA, PRAFULLA C.PANT
Umesh Maheshwari – Appellant
Versus
State of Uttaranchal – Respondent


Advocates:
Counsel for the parties :
For the Petitioners:Mr. S.K. Aggarwal, Senior Advocate assisted by Mr. Gopal K. Verma, Advocate.
For the Respondent:Mr. D.K. Sharma, Govt. Advocate with Mr. H.C. Pande, A.G.A. and Mr. Vinod Sharma, Standing Counsel.

ORDER

Prafulla C. Pant, J.— These two Habeas Corpus petitions have been moved by the petitioners challenging the detention orders dated 21st of July, 2005 (Annexure No. 2 to the writ petitions), passed under Section 03 of the National Security Act, 1980, by the District Magistrate, Udham Singh Nagar.

2.We heard learned counsel for the parties and perused the record.

3.Brief facts, as narrated in the writ petition No. 13 of 2005, filed on

behalf of petitioner Umesh Mahesh-

wari, are that the petitioner Umesh Maheshwari @ Umesh Pahalwan is a named accused in crime No. 1565 of 2005 under Section 302/34 of the Indian Penal Code, 1860 (for brevity hereinafter the I.P.C.), registered with Police Station Kashipur, District Udham Singh Nagar. He is in jail in connection with said crime. The role assigned in the First Information Report (for brevity hereinafter F.I.R.) to this petitioner is of exhortation to another accused in the murder of one Manoj Chaudhary, Vice Chairman of Nagar Palika Parishad, Kashipur. It is alleged in this petition that the deceased Manoj Chaudhary himself was a man of a shady character and was involved in several heinous crimes. A copy of said F.I.R. is Annexure N

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