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2003 Supreme(All) 676

U.S.TRIPATHI, D.P.GUPTA
BHOLU ALIAS DANIS – Appellant
Versus
DISTRICT MAGISTRATE, AZAMGARH – Respondent


Advocates Appeared:
ARVIND TRIPATHI, B.N.SINGH, J.LAL, Manish Trivedi

U. S. TRIPATHI, J.

( 1 ) THE petitioner filed this writ petition challenging his detention order, dated 18-7-2002, passed by District Magistrate, Azamgarh, respondent No. 1 under Section 3 (2) of the National Security Act and had prayed for his release.

( 2 ) THE petitioner was served with the grounds of detention along with the order of detention which stated that on 14-4-2002 at about 12. 15 p. m. on account of previous altercation between the petitioner and Babloo, cousin brother of Rajendra, the petitioner along with his associates Sariq, Shamim, Sarfraj and Mumtaz armed with lathis dandas and country made pistols formed an unlawful assembly raided the house of Bhagnu Kahar and broke open his doors by kicks. Observing it Bablu ran away in the lane towards mosque to save his life. The petitioner along with his associates chased him and fired by country made pistols due to which he sustained injuries and fell down. The occurrence was witnessed by complainant Rajendra, Arvind, Bhagnu, Smt. Girija Devi and others. The above persons chased the petitioner and his associates but they ran away extending threats. The mohalla people were taking the injured Bablu to the hospital, but he d




















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