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2016 Supreme(All) 3789

BALA KRISHNA NARAYANA, SHASHI KANT
Jameel Alias Kubra – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Petitioner:- Irfanul Huda,Nuzhat Parveen
For the Respondent:- G.A.,A.S.G.I.,Jitendra Pd.Mishra

JUDGMENT

Bala Krishna Narayana and Shashi Kant,JJ.

Heard the learned counsel for the petitioner Sri Irfanul Huda, Sri Jitendra Prasad Mishra, learned counsel for the respondent no. 3 and the learned A.G.A. for the State, Sri J.K. Upadhyay.

2. The instant petition has been filed by the petitioner to issue a writ, order or direction in the nature of habeas corpus commanding the respondents to produce the petitioner in court and set him at liberty forthwith and further prayed to issue a writ order or direction in the nature of certiorari quashing the detention order dated 15.10.2015 passed by the District Magistrate, Hathras the respondent no. 2 (copy whereof has been enclosed as Annexure-1 to the writ petition) whereby the petitioner has been ordered to be detained in captivity for 12 months in exercise of power under Section 3 (2) of the National Security Act, 1980 (hereinafter to as the Act).

3. The emanation of fact unfolded compendiously is that the ground of detention dated 15.10.2015 was served upon the petitioner while he was in judicial custody pursuant to the first information report registered against him and other persons vide case Crime No. 531 of 2015, under Section 3/5/8













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