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1985 Supreme(All) 287

S.SAGHIR AHMAD, BRIJESH KUMAR
ASHOK KUMAR SINGH – Appellant
Versus
SUPDT. , CENTRAL JAIL, VARANASI – Respondent


Advocates Appeared:
ASIT KUMAR CHATURVEDI, DAYA SHANKAR MISHRA

S. SAGHIR AHMAD, J.

( 1 ) THIS petition was allowed by us by a short order passed yesterday i. e. 18-9-85 which is quoted below : "for the reason recorded later, the writ petition is allowed and the impugned order dt. 18-10-84 contained in Annexure-1 is hereby quashed. The petitioner shall be released forthwith unless his detention is required in some other case. There will be no order as to costs. "

( 2 ) WE now proceed to give our reasons.

( 3 ) THE petitioner have been detained under the National Security Act (hereinafter referred to as the Act) by an order passed by the District Magistrate, Varanasi on 18-10-84. The order is annexure-1 to the writ petition.

( 4 ) THE ground of detention indicates that on 18-9-84 at about 9. 30 p. m. the petitioner along with his four other associates (all armed with revolvers and pistols) had gone to house No. C-21/9a-1 in Mahamandal Nagar, P. S. Chetganj, Varanasi and committed the murder of Faujdar Misra and Amolak Singh and injured Akhilesh Misra, who was admitted in the hospital.


( 5 ) THE report of the incident was lodged at Police Station Chetganj where Crime Case No. 314/84 was registered against the petitioner and others under Ss. 148/14































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