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2017 Supreme(All) 257

SHASHI KANT GUPTA, REKHA DIKSHIT
RIYAZUDDIN – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Baikunth Nath Singh, Manish Kumar Singh and Santosh Kumar Singh for the Petitioner; A.G.A., A.S.G.I. and Umesh Chandra Tripathi for the Respondents.

JUDGMENT

Hon’ble Mrs. Rekha Dikshit, J.—This habeas corpus writ petition has been filed with a prayer to quash the impugned order dated 16.3.2016, passed by District Magistrate, Jalaun, District Jalaun at Orai and order dated 22.3.2016 passed by State of U.P. through Home Secretary Government of U.P., Lucknow.

2. The brief facts of the case are that a first information report was lodged at the police station by one Sri C.V. Verma, Sub Inspector, Police Station Kadaura, District Jalaun on 22.1.2016 at 06:30 pm against unknown persons in Case Crime No. 27 of 2016, under Section 3/5/8 Cow Slaughter Act. Sri Karan Singh, S.I., the investigating officer in this case, named 16 persons as accused, in which the name of the petitioner figured at serial No. 1. The petitioner and his son were arrested on 31.1.2016 and one knife (Chhuri) was recovered from his possession. The Investigating Officer recorded the statements of Ramu Basora and Veeru Yadav on 2.3.2016 and of Ram Roop Singh Yadav and Raj Kumar Vishwakarma on 5.3.2016, all resident of village Mawai Aheer, who mentioned the involvement of the petitioner.

3. The District Magistrate, Jalaun (respondent No. 2) vide order dated 16.3.2016 p





















































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