RAM NEWAZ Vs. R K BHARGAVA

JUDGEMENT

(1.) THIS is an application for action under Article 215 of the Constitution of India read with Section 3 of the Contempt of Courts Act gainst the District Magistrate of Banda. The facts of the case are that proceedings under Section 110, Cri. P. C. were launched against the applicant which were decided by a First Class Magistrate on 23-12-1963. The applicant was, however, discharged by the Magistrate by his judgment and order dated 23-12-63. The relevant portion wherefrom reads as follows:

(2.) A case under Section 307, I. P. C. was also instituted against the applicant which gave rise to Sessions Trial No. 15 of 1964. The applicant was, however, acquitted by the learned Judge by his judgment dated 31-7-64, The relevant portions wherefrom run as follows:

(3.) THE opposite party has admitted in his counter affidavit that he knew about the aforesaid decisions and yet the petitioner was arrested on 5-1-65 at 2 p. m. at Banda Railway Station under an order of the opposite party issued under Section 3 (2) of the Preventive Detention Act, 1950, inter alia, on the following grounds: