LAWS(ALL)-2006-1-156

MURTAZA ALI Vs. STATE OF U P

Decided On January 23, 2006
MURTAZA ALI, MUMTAZ AHMAD, MOHD. RASHID, MOHD. BASHIR, MOHD. LATIF Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) The petitioners are the pairokars of Asif Ikbal, son of Mohd. Basir, resident of Sakhi Maidan, Tehsil and Police Station Mendher, District ' Punch, Jammu & Kashmir, Shakil Ahmad, son of Nazeer Ahmad, resident of Sakhi Maidan, Tehsil and Police Station Mendher, District Punch, Jammu & Kashmir, Mohd. Nasim, son of Ferozdin, resident of Village Thera, Tehsil and Police Station Mendher, District Punch, Jammu & Kashmir, Mohd. Azeez, son of Mohd. Basir, resident of Village Bhatidhar, Tehsil and Police Station Mendher, District Punch, Jammu & Kashmir.

(2.) The petitioners inter alia challenged the order dated 13th December, 2005 passed -by the respondent No. 3, by which the respondent No. 3 has allegedly restrained the petitioners and the counsel for the petitioners from meeting the accused named above.

(3.) The accused are undertrial prisoners and are undergoing trial in district Faizabad in Case Crime No. 157 of 2005, under Sections 147, 148, 149, 307, 302, 353, 153, 153-A, 153-B, 295, 120-B of Indian Penal Code, Section 7 of the Criminal Law Amendment Act and Section 4 of Prevention of Damage to Public Property Act, 1984. They were transferred to the Central Jail, Naini, Allahabad from District Jail, Faizabad on 01st November, 2005. Since then the prisoners are in the Central Jail, Naini, Allahabad. The prisoners were reportedly taken to the Court of Sessions Judge, Faizabad on 12th December, 2005 once, and were brought back Central Jail, Naini. Since then the prisoners have not been shifted anywhere else from Central Jail, Naini, Allahabad till date.