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2024 Supreme(All) 566

RAJAN ROY, NARENDRA KUMAR JOHARI
Sandeep Yadav Thru. Brother Pradeep Yadav – Appellant
Versus
Union Of India Thru. Secy. Govt. Of India Mini. Of Home Thru. Joint Secy. (Inernal Secuty. ) – Respondent


Advocates Appeared:
For the Petitioner: Rajendra Prasad Mishra
For the Respondent: A.S.G.I., Dr. Pooja Singh, Dr Pooja Singh, G.A.

JUDGMENT :

Narendra Kumar Johari, J.

1. Heard Shri R.P. Mishra, learned counsel for the petitioner, learned A.G.A. for the State/opposite party Nos. 2 to 4 and Mrs. Pooja Singh, learned counsel for the Union of India/opposite party No.1 and perused the record carefully.

2. This habeas corpus petition has been filed by detenue Sandeep Yadav, S/o Ram Dhani Yadav through his next friend/real brother Pradeep Yadav, assailing the detention order dated 17.05.2023, passed by the District Magistrate, Gonda/Detaining Authority, with prayer to release the petitioner on the ground that the detention order passed under the NATIONAL SECURITY ACT , 1980 (herein after referred as the "Act of 1980”) is illegal, arbirary and bad in the eye of law.

3. The brief facts of the case are that, one Ram Kewal Yadav lodged an F.I.R. under Sections 452 , 302, 379 IPC vide Crime No.008/2023, at Police Station Kotwali Nagar, District Gonda against the petitioner and one unknown person, with contention that the son of informant, namely, Krishna Kumar Yadav, who was working as teacher in Janta Inter College, Itiyathok, Gonda and was residing in the house of Mohd. Sabir Ali on rent. On 28.01.2023 at about 7.35 P.M.

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