SANTOSH Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) Through this writ petition, preferred under Art. 226 of the Constitution of India, the petitioner detenu Santosh has impugned the order dated 31st July, 2003, passed by Mr. B.B. Singh, District Magistrate, Unnao (opposite party No. 3), detaining him under Sec. 3(2) of the National Security Act, 1980. The detention order, alongwith the grounds of detention, which are also dated 31st July, 2003, was served on the petitioner detenu on 1st Aug., 2003 and their true copies have been annexed as Annexure Nos. 1 and 2, respectively to the writ petition.

(2.) A perusal of grounds of detention (Annexure No. 2)would make it manifest that the impugned detention order is founded on two C.Rs., namely C.R. No. 97 of 2003, under sections 302/323/504/ 506/452 Penal Code of police station Auras, district Unnao, registered on the basis of a complaint dated 1.4.2003 lodged by Ajay Kumar at police station Auras and C.R. No. 156 of 1991, under sections 147/148/ 149/364/302/201 Penal Code of police station Auras, registered on the basis of a complaint dated 25.11.1991, lodged by Sarju at police station Auras.

(3.) As a reference to the prejudicial activities of the petitioner detenu pertaining to the said C.Rs. is not necessary for the adjudication of the pleadings contained in paragraph 16 of the writ petition and ground (B) of para-40 thereof, on which alone this writ petition deserves to succeed, we are not adverting to them.