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2023 Supreme(All) 786

RAHUL CHATURVEDI, GAJENDRA KUMAR
Shivbodh Kumar Mishra Alias Shiv Bodh Mishra – Appellant
Versus
Union Of India – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Vimlendu Tripathi
For the Respondent: Krishna Agarawal

JUDGMENT :

Rahul Chaturvedi, J.

1. Heard Shri Vimlendu Tripathi, learned counsel for the petitioner; Shri Krishna Agarawal, learned counsel for respondent nos.1, 2 & 3 and also learned Additional Government Advocate for respondent nos.4 and 5. We have gone through the entire materials brought before us.

2. Pleadings have been exchanged between the parties and the matter is ripe for final submission by the respective learned counsels.

3. Instant Habeas Corpus Writ Petition by above named petitioner, who is invoking constitutional remedy under Article 226 of the Constitution of India, whereby the petitioner Shivbodh Kumar Mishra @ Shiv Bodh Mishra has sought the following prayer :-

    “issue a Writ of Habeas Corpus commanding all the respondents to release the petitioner from his illegal detention in pursuance of the detention order dated 04.03.2022 (Annexure No.1) passed by respondent no.3 under section 3(1) of the PITNDPS Act, 1988 and to set the petitioner at liberty forthwith, and may further be pleased to quash the impugned order dated 04.03.2022 passed by the respondent no.3 of the writ petition.”

4. Thus, from the above prayer, it is clear that petitioner has sought a command and dire

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