NARESH SHUKLA Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) Though this writ petition, preferred under Art. 226 of the Constitution of India, the petitioner-detenu Ram Naresh Shukla challenges the order dated 9th Aug., 2003, passed by Mr. Girdhari Lal, District Magistrate, Sitapur (Opposite Party No.3), detaining him under Sec. 3 (2) of the National Security Act. The detention order, along with grounds of detention, which are also dated 9th Aug., 2003, was served on the petitioner on 9th Aug., 2003 itself and their true copies have been annexed as Annexure Nos.1 and 2 respectively to the petition.

(2.) A perusal of grounds of detention (Annexure No.2) would show that the impugned order is founded on a solitary C. R.. namely, C. R. No. 1019 of 2003 under Sections 302, 307, 323, 504 and 506 I. P. C. of Police Station Kotwali Sitapur registered on the basis of a complaint dated 5th July, 2003 lodged by Sunil Kumar. Since in our view a reference to the prejudicial activities of the petitioner-detenu pertaining to the said C. R. is not necessary for the disposal of the pleadings contained in paragraphs 13-A to 16 of the petition and ground F of para 19 thereof on which alone this petition deserves to succeed, we are not adverting to them.

(3.) We have heard learned counsel for the parties.