GYANCHANDRA PANDEY Vs. ADHIKSHAK, JANPAD KAARAGAAR AND ORS.

JUDGEMENT

(1.) Heard Sri Daya Shanker Mishra, learned counsel for the petitioner, learned A.G.A. and Sri V.K.S. Chandel, learned counsel for the Union of India.

(2.) This writ petition has been filed by the petitioner Gyanchandra Pandey with a prayer to issue a writ of Habeas Corpus directing the respondents to produce the corpus of the detenue Gyanchandra Pandey before this Court and set him at liberty. A further prayer has been for issuing a writ, order or direction in the nature of certiorari quashing the order dated 18.04.2015 passed by the respondent no. 2, District Magistrate, Mirzapur in the exercise of his power under Section 3(3) of the National Security Act (hereinafter referred to as N.S.A.), annexure 1 to the writ petition.

(3.) Briefly stated the facts of this case are that on the basis of F.I.R. Lodged by one Durwasa Dwivedi at P.S. Vindhyachal, District Mirzapur on 11.12.2014, Case Crime No. 1206 of 2014, under Sections 307/302 I.p.c. & 7 Criminal Law Amendment Act was registered against the petitioner and his son Shubham Pandey. According to the prosecution case as spelt out in the F.I.R. the incident had occurred on 11.12.2014 at about 10:30 P.M.in front of the petitioner's house in Purani V.I.P. Road locality in which two persons Mritunjay Dwivedi, brother of the informant and Shiv Shankar Giri had lost their lives while Dhananjay Dwivedi another brother of the informant had received injuries. The role of firing at Mritunjay Dwivedi and Shiv Shankar Giri by a double barrel gun was specially attributed to the petitioner while the part of assaulting the Mritunjay Dwivedi and Dhananjay Dwivedi with "bhujali" was assigned to both the petitioner and his son Shubhan Pandey. F.I.R. further reflected that the incident was preceded by a quarrel between the deceased, injured and the petitioner, when the petitioner insisted that the pilgrims whom the deceased and the injured were taking to the temple for 'darshan' would go to the temple with him only and started hurling abuses at them. When they objected, they were assaulted by the petitioner and his son with fire arm and "bhujali". Upon the informant, who had also reached the place of incident, raising cries for help, large number of people gathered at the place of occurrence. Shopkeepers of the locality started closing their shops. The pilgrims who had assembled there for having 'darshan' started running away and the people hid themselves inside their houses. The petitioner was arrested on account of his being main accused in the aforesaid case and sent to jail on 15.12.2014.