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2023 Supreme(All) 1395

NARENDRA KUMAR JOHARI, SANGEETA CHANDRA
Munna Alias Shahanwaz Thru. Father Shabban Khan – Appellant
Versus
State Of U. P. Thru. Prin. Secy. Home Lko. – Respondent


Advocates Appeared:
For the Petitioner: Tushar Bhushan, Saharsh Srivastava, Sheikh Wali Uz Zaman.
For the Respondents: Dr. Pooja Singh.

JUDGMENT :

(Narendra Kumar Johari, J.)

1. This writ petition has been filed by the petitioner with the following main prayers :-

    "(i) issue a writ, order or direction in the nature of Certiorari, quashing the impugned detention order dated 24.09.2022 passed by the District Magistrate, Hardoi, contained in Annexure number 1 to this writ petition.

    (ii) issue a writ, order or direction in the nature of Habeas Corpus, directing and commanding the opposite parties to forthwith release the petitioner.

    (iii) quash the entire consequential proceedings."

2. The facts of the case are that on 10.08.2022 at around 6.00 P.M. when the informant Smt. Siddeswari Devi and her daughter Rajni were present in her house, the accused persons Maroof, Jubair, Arif, Shamshad, Munna, S/o Sabban Fauji along with other persons of muslim community entered into the house of informant and started molesting her daughter. When the informant opposed, the accused Munna fired on chest of informant. Fortunately, due to missing of cartridge, it could not be fired. The accused Munna inquired about the whereabouts of her son Nanhe as he was leading the tricolor flag yatra on the occasion of their festival (Muharram). The a

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