ALLAHABAD HIGH COURT
BEFORE : BALA KRISHNA NARAYANA AND SHASHI KANT, JJ.
SANCHIT GUPTA .....Petitioner
Versus
STATE OF U.P. AND OTHERS ....Respondents
(Habeas Corpus Writ Petition No. 61843 of 2015, decided on 18th May, 2016)
Result; Petition Allowed.
By the Court.—Heard Sri Swetashwa Agarwal, learned counsel for the petitioner, Sri Deepak Mishra, learned counsel for the Union of India and learned AGA for the State.
2. This habeas corpus writ petition has been filed by the petitioner Sanchit Gupta with a prayer to issue a writ order or direction in the nature of certiorari quashing the detention order dated 20.8.2015 (Annexure-4 to the writ petition) passed by the District Magistrate, Meerut respondent No. 2 in the exercise of his power under Section 3(2) of the National Security Act 1980 (hereinafter after referred to as NSA) and to release the petitioner forthwith.
3. Counter and rejoinder-affidavits have been exchanged between the parties and with the consent of the learned counsel for the parties, this writ petition is being finally disposed of at this stage.
4. Briefly stated the facts of this case are that while S.I. Vinay Kumar, Constables Lakhal Lal and Ram Chail Rathi of P.S. T.P.Nagar, District Meerut had gone to the house of Smt. Sonia Rana in connection with the investigation of NCR No. 119 of 2015 which was registered P.S. T.P.Nagar, on the basis report made by aforesaid Smt. Sonia Rana on 22.6.2015 alleging therein that the petitioner alongwith his accomplices Rahul Bania and one unknown person had come to her house on 22.6.2015 at about 12.00 p.m. and after abusing her and damaging her property by driving his Swift car bearing registration DLCAA2175 rashly had left her house threatening her entire family with dire consequences and had thereafter gone to the housse of her acquaintance Jamuna Prasad, resident of Uttam Nagar, Meerut and after abusing him had left his house threatening to shoot Nakul and Golu at sight. While the aforesaid S.I. Vinay Kumar was making inquiry from Smt. Sonia Rana, he received an information at about 7.00 p.m. that the petitioner and his accomplices Nipanshu Gupta, Raj Kumar @Raju,Sumit,Rahul, Monu, Kamal, Golu and Bhokar and about 10-12 unknown persons who were all armed with pistols, iron rods, lathi, danda and hockey sticks had forcibly entered into the house of Jamuna Prasad and were hurling abuses at him and there was a serious apprehension of breach of peace. On receiving the aforesaid information S.I.Vinay Kumar alongwith constables Lakhan Lal and Ram Chail Rathi reached the house of the Jamuna Prasad and tried to pacify the petitioner and his companions and requested them to stop abusing Jamuna Prasad but the petitioner instead of listening to him fired at the members of the police force with his gun with the intention of killing them but fortunately no-one received any fire-arm injury in the incident but S.I.Vinay Kumar received a serious head injury as a result of being assaulted by petitioner’s accomplice Nipanshu Gupta with his hockey sticks and fell unconscious on the ground. The injured Inspector Vinay Kumar was taken to the K.M.C. Hospital and Research Centre by constables Lakhan Lal and Ram Chail Rathi. As a result of the aforesaid incident, there was stampede on the road and public order was totally distrubed in the nearby areas. On the basis of the FIR of the aforesaid incident lodged by Constable 995 Lakhal Lal case crime No. 337 of 2015, under Sections 147, 148, 149, 452, 307, 332, 353, 323, 504, 506 IPC and Section 7 Crl. Law Amendment Act was registered against the petitioner and other accused at P.S. T.P.Nagar. The petitioner surrendered before the concerned magistrate on 10.7.2015 and was sent to District Jail, Meerut. While the petitioner was in District Jail, Meerut he was served with the impugned detention order dated 20.8.2015. The petitioner submitted a representation before the Jail Superintendent, District Jail Meerut on 27.8.2015 (Annexure-10 to the writ petition) against the detention order dated 20.8.2015. The representation made by the petitioner before the respondent No. 4, Union of India was rejected by order dated 15.9.2015 (Annexure-11 to the writ petition) which was communicated to the
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