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1965 Supreme(All) 266

ALLAHABAD HIGH COURT
B.D. GUPTA, S.K. VERMA, JJ.
Ram Newaz Alias Beta - Appellant
Versus
The State of Uttar Pradesh & Ors. - Respondents
Habeas Corpus Petition No. 317 of 1965
Decided On : 19-02-1965

Advocates appeared:
S.C Khare, V.N. Khare, V.K.S. Chaudhary and Polok Basu, For the Appellant /

JUDGMENT

Verma, J. - Ram Newaz alias Beta has filed this petition u/s 491 of Code of Criminal Procedure and Article 226 of the Constitution of India.

2. The Petitioner is a resident of Rukma Khurd Mazra Gautampur, Police Station Kotwali, Karvi, district Banda. Admittedly, he is connected with the business of the manufacture of Biri. According to the Petitioner, he is a contractor but, according to the State, he is only an employee of a firm which manufactures Biri. On the 5th of January, 1965 at 2 P.M. the Petitioner was arrested by the police at Banda Railway Station by the order of the District Magistrate of Banda which purported to be u/s 3(1) (a) (ii) of the Preventive Detention Act, 1900. On the 8th of January 1965 the grounds of his detention were furnished to him. In order to appreciate the points that arise for determination in this petition we consider it necessary to reproduce all the grounds verbatim. They are as follows:

1.-- That on 13.12.1959 Babu Lal S/o. Garib Das Jaiswal R/o. Kasba Manikpur, P.S. Manikpur, reported that you had threatened him with dire consequences and a report u/s 506 IPC was lodged to this effect. Another report against you was lodged by Mst. Munnia widow of Hira Lal R/o. Patha, P.S. Manikpur, on 3.3.60 u/s 506/504 IPC that you had threatened her. On 30.7.60 you threatened Ram Asrey alias Guni S/o Ram Chandra Brahmin R/o village Tikari H/o Semardaha, P.S. Kotwali Karvi, Banda, and a report u/s 506 IPC was lodged against you. On 3.9.60 one Naib Husain alias Nathoo S/o Kaim Uddin R/o village Sutar Khana old Karvi lodged a report against you u/s 504/506 IPC. On 23.9.60 Sri Liaqat Husain S/o Ata Husain R/o village Ram Nagar, at present residing in Karwi lodged a report u/s 504/506 IPG against you.

2. That you on 30.3.62 at Railway Station Bahalpurwa Central Railway attempted to commit the murder of Sri Ranjit Singh Bhandari Inspector G.R.P. and his party and used firearms along with your gang of bad characters and were prosecuted for the said offence.

3. That on 10.2.63 in Purwa Gada khan R/o village Chandra Mara within the jurisdiction of P.S. Manikpur, you forcibly wanted to take Begar from one Lotan of the locality and on refusal by Jagdeo, his uncle, you along with other associates while being armed with fire arms fired at Jagdeo and his nephew Lotan in order to commit their murder.

4. That on 4.9.63 you beat Kalloo S/o Chhedi, R/o Gola Bazar, Purani Karvi, P.S. Karvi, on his refusal to go to Bahalpurwa with you.

5. That on 4.11.63 in village Sichari P.S. Manikpur you along with others forcibly kidnapped Aliva Kol at the point of fire-arms with intention to keep him in secret confinement.

6. That on 22.2.64 you along with Ram Lai and others beat Sri Mool Chand Shukla, Principal of a college of Manikpur. The Principal ran inside the room of Petrol Tank for safety, but you entered inside the room and beat him there too.

7. That on 26.11.64 you went to the house of Sri Kashi Prasad Chaurasia member of Nagarpalika Chitrakoot where you met his father and on his inability to produce Sri Kashi Prasad then and there, you left threatening him that he would get the dead body of his son Kashi Prasad 'on 1.12.64 in case Kashi Prasad is not produced before you.

8. That on 30.11.64 you forcibly put a garland of shoes on the neck of Kashi Prasad at his house with a view to insult and disgrace him.

9. That on 23.12.64 you got the shop of Sri jamuna Prasad forcibly closed and threatened that if he does not turn out Sri Kashi Prasad from his house, he would turn him out of the village and Kashi Prasad would be murdered.

10. That you were challaned u/s 110 Code of Criminal Procedure and 107/117 Code of Criminal Procedure but you terrorised the witnesses so much that none could case to depose against you.

11. That regular complaints are being made verbally to all authorities against you as the people have become so scared that they will not complain in writing against you.

12. That your associates are all of ill-repute and h

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