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IN THE HIGH COURT OF ALLAHABAD
R. B. MEHROTRA, S. K. PHAUJDAR
UMAKANT YADAV - Appellant
Versus
SUPERINTENDENT OF DISTRICT JAIL, AZAMGARH - Respondents
HAB. COR. PETN. 16291 Of 1993
Decided On : 10/10/1994
habeas corpus - detention - U. P. Gangesters and Anti-Social Activities (Prevention) Act, 1986 - Section 3 (1)
Fact of the Case:
The petitioner challenged his detention in District Jail, Azamgarh and sought quashing of the first information report dated 11-9-1993, which led to a case Crime No. 86/1993 under Section 3 (1) of U. P. Gangesters and Anti-Social Activities (Prevention) Act, 1986.
Finding of the Court:
The court dismissed the habeas corpus petition, stating that the detention was in accordance with the law and the petitioner's remand order was valid.
Issues: The court analyzed the validity of the detention under the U. P. Gangesters and Anti-Social Activities (Prevention) Act, 1986, and the legality of the remand order.
Ratio Decidendi: The court held that the remand order passed by the Special Judge was valid and in accordance with the provisions of the Act, and the detention was not violative of Constitutional guarantees.
Final Decision: The habeas corpus petition was dismissed, and the interim order for the petitioner's release on bail was vacated.
( 1 ) BY means of the present habeas corpus petition, the petitioner has challenged his detention in District Jail, Azamgarh and has also prayed for quashing of the first information report dated 11-9-1993, on the basis of which a case Crime No. 86/1993 has been registered against the petitioner for investigation of an offence alleged to have been committed by the petitioner under Section 3 (1) of U. P. Gangesters and Anti-Social Activities (Prevention) Act, 1986 (U. P. Act No. 7 of 1986) (hereinafter referred to as the Act ).
( 2 ) THE first information report dated 11-9-1993, which is sought to be quashed in the present proceedings, is to be looked into for the purposes of examining the contentions raised by the petitioners counsel seeking its quashing.
( 3 ) THE first information report has been filed by the Station Officer, Didarganj, district Azamgarh. The report reads, that the records available in Police Station Didarganj, have been looked into and from the perusal of the aforesaid records, it is borne out that the accused, Umakant Yadav S/o Sri Sripat Yadav r/o village, Sarawa, Police Station Didarganj, district, Azamgarh has a criminal gang and he is the chief member of his gang. Following criminal cases have been registered against Umakant Yadav :-1. Case Crime No. 16/88, under Sections 147/148/149/324/323 of I. P. C. P. S. Didarganj. 2. Case Crime No. 74/78, under Sections 364/302/201 of I. P. C. P. S. Shahganj, district, Jaunapur. 3. Case Crime No. 108/91, under Sections 147/148/149/307/323/504/506 of I. P. C. P. S. Didarganj. 4. Case Crime No. 171/91, under Sections 147/148/149/307/323/504/506 of I. P. C. P. S. Phoolpur. 5. Case Crime No. 10/92, under Sections 382/506 of I. P. C. P. S. Didarganj. 6. Case Crime No. 194/92, under Sections 364/506 of I. P. C. 7. Case Crime No. 6/93, under Sections 147/148/149/364/307/302/201 of I. P. C. P. S. Didarganj, district, Azamgarh.
( 4 ) IN this manner, this person has not an active organised gang. This man always along with the members of his gang commits offences punishable under chapter 16, 17 and 22 of the Indian Penal Code for gaining undue pecuniary, material and social advantages for himself and for other members of his gang and remains indulged in anti-social activities.
( 5 ) THIS man, along with his companion culprits, remains indulged in serious offences like dacoity, killing, rioting, loot etc. The aforesaid Umakant Yadav is at present in District Jail, Azamgarh in connection with case Crime No. 6/1993, under Sections 147/148/149/364/307/302 of I. P. C. by surrendering himself before the court and is in judicial custody. On perusal of the crime record of Umakant Yadav, it is made out that this man is involved in such serious criminal offences, which are connected with anti-social activities. Due to fear and terror of this man, any person does not dare speaking the truth in relation to the incident, either before the police, or before the court. Due to his criminal acts, a fear and sensation has been created in the mind of a common man. Due to his criminal actions, the fear and terror has struck amongst people residing in the area of police station, Saraieer and Phoolpur of district, Azamgarh and police station, Shahganj of district, Jaunpur. In the aforesaid circumstances, it is not in public interest that the aforesaid Umakant Yadav may remain at large, therefore, the aforesaid Umakant Yadav should be detained under Section 3 (1) of the Act, the crime case be registered and investigation be directed.
( 6 ) ON 13-4-1993, an application was moved before the IV Additional Munsif Magistrate, Azamgarh bearing case Crime No. 86/1993, wherein it was stated that the accused, at present, is in jail custody. He is a dangerous criminal and has been detained in different criminal cases. In all these cases, bail application is being heard in the Court of Session and if remand is not given and in cases in which the bail applications are being heard, he is re
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