MAHESH TYAGI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) By means of this writ petition the petitioner who has been detained under Section 3(iii) of the National Security Act by the District Magistrate, Ghaziabad, has assailed his detention order.

(2.) In the grounds of detention furnished to the petitioner it was alleged that on 7-7-90 one Arun Kumar, son of Sri Dhara Singh, resident of L-36, Sanjai Nagar, Sector 23, Raj Nagar, Ghaziabad, lodged a F.I.R. at police station Kavri Nagar to the effect that his son Yatin Kumar went to attend his classes in the school at 7.30 a.m. but 7-7-90 being Saturday the school was closed earlier than 1.30 p.m. which was the usual time for closure of the school but Yatindra Kumar did not return to his house. The report was lodged at 14.15 hours and the case was registered and investigation commenced. On 10-7-90 the said Arun Kumar visited the police station and filed a letter alleged to have been written by the accused in which it was stated that Yatindra Kumar was in his custody and would be released only on payment of rupees two lacs as ransom and in case the matter would be reported to the police the boy would be killed. As a result of it a case bearing Crime No. 327 under Section 365, I.P.C. was registered and the police started making efforts to recover the said boy.

(3.) It was further mentioned in the grounds of detention that on the same day i.e. 10-7-90, after encounter with the police accused Ishwar, son of Om Prakash, resident of Shahpur Bamhaita Morta, police station Muradnagar, was arrested and one CMP and cartridges were recovered from his possession. On interrogation and pointing out of said accused Ishwar on 11-7-90 at 4.00 a.m. after encounter with the police, the petitioner along with Dhiraj Tyagi, Ashok Tyagi and Yamin were arrested along with illicit arms and ammunition at the tubewell of Ashok situate in village Didauli, police station Muradnagar. The boy Yatindra Kumar who was kidnapped by accused persons was recovered and accused who were arrested were sent to jail. It was averred that the petitioner along with other co-accused abducted the boy Yatindra Kumar as a result of which an atmosphere of terror and fear spread out and public order was jeopardised.