BANDOO BEDIA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) There are eight writ petitions connected with each other. Civil Misc. Habeas Corpus Writ Petion No. 43233 of 2002, therefore, is treated as principal case. It was preferred by Bandoo Bedia son of Ralli Bedia. Other petitioners are Bhagoni alias Bhagwan alias Bhagwan Das alias Bhagone, Raghav Bedia, Pappu Bedia, Gabbar Bedia, Vijay Bedia, Raj Pal Bedia and Kullu Bedia.

(2.) An F.I.R. was registered as case Crime No. 135 of 2002 against the petitioner in Writ Petition No. 43233 of 2002 and nine others under Sections 147/148/149/323/353, I.P.C. and Section 7 of Criminal Law Amendment Act at P.S. Madawara, District Lalitpur.

(3.) The facts of the F.I.R. as disclosed in the grounds of detention, are that on 10-6-2002 at about 4.45 p.m. in a Mela (fair) which was going on in village Rangaon near Moti Mandir, Pappu Bedia, the brother-in-law of the petitioner, was exhibiting unpleasant behaviour towards females. He was asked to desist from his misconduct by three policemen present in the Mela. He did not stop his unlawful activities with the female members present in the fair. Consequently Constable Vimlendra Singh, Karim Khan, and Head Constable Ram Prakash Tewari took him into their custody. When they were proceeding with Pappu Bedia to the police station, the petitioner along with his other companions started belabouring them near a Imli tree with Sariya, Lathi and dandas with an intent to kill the constables. He managed the release of his brother-in-law, Pappu Bedia, who in turn also joined this petitioner in the assault of the constables. Constable Vimlendra Singh sustained injuries on his head and hand. There was disturbance in the fair. People started running helter-skelter. The shopkeepers downed their shutters and started fleeing from the fair premises. The entire fair was completely disturbed. The people living in the vicinity had closed their doors and confined themselves within the four walls of their houses. The public order allegedly was completely disrupted. On the arrival of other police personnel on duty in the fair, the petitioner along with the companions and the released accused Pappu Bedia fled from the spot. Constable Karim Khan lodged the report of this incident, as earlier reported. Case Crime No. 135 of 2002 under the abovesaid sections was registered. It is also alleged in the grounds that the petitioners withdrew from the spot by resorting to firing. The people became so panicky and afraid of the petitioner Pappu Bedia that no body was prepared to state the truth or make any statement in Court, though the policemen had all along been trying to checkmate the growing influence and the terror of this petitioner by their frequent visit of the village. Additional force was also deployed in the region for the above said purpose.