(1.) Heard Shri R.P. Mishra, learned counsel for the petitioner, learned A.G.A. for the State/opposite party Nos. 2 to 4 and Mrs. Pooja Singh, learned counsel for the Union of India/opposite party No.1 and perused the record carefully.
(2.) This habeas corpus petition has been filed by detenue Sandeep Yadav, S/o Ram Dhani Yadav through his next friend/real brother Pradeep Yadav, assailing the detention order dtd. 17/5/2023, passed by the District Magistrate, Gonda/Detaining Authority, with prayer to release the petitioner on the ground that the detention order passed under the National Security Act, 1980 (herein after referred as the 'Act of 1980') is illegal, arbirary and bad in the eye of law.
(3.) The brief facts of the case are that, one Ram Kewal Yadav lodged an F.I.R. under Ss. 452, 302, 379 IPC vide Crime No.008/2023, at Police Station Kotwali Nagar, District Gonda against the petitioner and one unknown person, with contention that the son of informant, namely, Krishna Kumar Yadav, who was working as teacher in Janta Inter College, Itiyathok, Gonda and was residing in the house of Mohd. Sabir Ali on rent. On 28/1/2023 at about 7.35 P.M., he was taking rest in his rented accommodation, when accused Sandeep Yadav with one unknown person entered into the room of his son and started quarreling for demand of money. His son refused to give money, resultantly, the above Sandeep Yadav and his colleague struck the head of his son against the inner wall of the room many times, consequently, his son fell down and died on the spot. Thereafter, the accsued persons snatched the money of his son and fled away.
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