SHERA Vs. UNION OF INDIA

JUDGEMENT

(1.) The present petition has been preferred against the detention order dated 17.12.2008 passed by District Magistrate, Agra, district Agra (arrayed as respondent No. 3 in the instant petition) The reliefs sought herein are as under: (i) issue a writ, order or direction in the nature of habeas corpus commanding the opposite parties to release the petitioner forthwith; (ii) issue a writ, order or direction in the, nature of certiorari quashing impugned detention order dated 17.12.2008 passed by opposite party No. 3.

(2.) The brief facts giving rise to the present petition are that the petitioner has been slapped with detention order after he was falsely implicated in a criminal case under section 302,1.P.C. and 3 (2)(v) of SC/ST (Prevention of Atrocities) Act vide case Crime No. 926 of 2008 registered at PS. Etmaddaula, Agra, pursuant to F.I.R. dated 18.12.2008. The informant Radhey Lal Jatav submitted a written report at police station Etmaddaula to the effect that on 2.3/.2009 at about 6.00 p.m. the son of the informant Lokesh alongwith his friend Praveen was going to drop Praveen at his residence and when he reached near Tedhi Baghiya Bazar, he found Bolero vehicle No. UP-83L-5953 standing on the middle of the road with Shera and Sonu and two others, sitting inside the vehicle Lokesh asked Shera to remove the vehicle from the middle of the road, Shera was annoyed and after casting aspersions by addressing the caste of his father refused to remove the vehicle from the middle of road, lokesh and Praveen protested to it. Shera took out his country made pistol and threatened them. When Lokesh and Praveen started going back on their motorcycle, the person inside the Bolero vehicle hit that motorcycle on the 100 Ft. road with the result Lokesh and Praveen fell down on the road and they were repeatedly crushed down by the Bolero vehicle. In the meantime, one Ram Das and Suleman passed through that road and they were also hit by that vehicle. Consequently, Lokesh and Ram Das succumbed to the injuries and Praveen and Suleman were seriously injured. The respondents escaped away in that vehicle from the spot. The incident was seen by several persons of the locality.

(3.) We have also traversed upon the impugned order of detention in which it is stated that due to this incident the traffic was completely stopped due to fear of the accused persons and the persons of the locality hide themselves inside their houses. Drivers of the vehicles ran away leaving the vehicles on the road. Public order was fully disturbed. Additional police force was Called on the spot The public peace was fully disturbed and normalcy cou|d be restored with great difficulty in that locality.