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1985 Supreme(All) 251

K.N.SINGH, A.SRIVASTAVA
MUNNA JAHWAL – Appellant
Versus
DISTRICT MAGISTRATE, VARANASI – Respondent


Advocates Appeared:
Munna Jahwal, P.Basu

K. N. SINGH, J.

( 1 ) BY means of this petition under Article 226 of the Constitution the petitioner has challenged validity of his continued detention in pursuance to the order of the District Magistrate, Varanasi, dated February 19, 1985, issued in exercise of powers under section 3 (2) of the National Security Act, 1980.

( 2 ) THE District Magistrate has passed the order of detention against the petitioner on only one ground. The ground supplied to the petitioner recites that on 6. 2. 1965 at about 12. 00 noon the petitioner along with his associates, Sita Ram 5/0 Mukund Sao, Ramesh, Ani Rai and Akhilesh Rai, attacked Anil Singh and his companions, Arun Chaubey, Ashok Jaiswal and others with bombs and country made pistols when they were passing through the Avasanganj crossing, as a result of which several passersby received injuries. A criminal case under sections 307/149, I. P. C. was registered against the petitioner at police station Jaitpura. The ground further states that Avasanganj crossing is situated in a thickly populated area where at 12. 00 noon crowd of persons was present. As a result of murderous assault made by the petitioner on Anil Singh and his associates, the








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