PAPPU Vs. STATE OF U P

JUDGEMENT

(1.) IN both these writ petitions the common impugned detention order dated 30 -7 -2005 passed by District Magistrate, Rampur, respondent No. 2, under Section 3 (2) of the National Security Act is under challenge.

(2.) THE grounds of detention are contained in Annexure No. 1 to the writ petition. It is stated therein that on 22 -4 -2005 at 10.15 a.m. a report was lodged by the complainant Sunil son of late Ram Saran that when he alongwith his wife and his nieces, namely, Ms. Poonam and Ms. Sundari entered his house on return from temple, the petitioner with his associates entered his house armed with firearms and they took with them his niece, namely, Ms. Poonam. They stripped Ms. Poonam naked, tearing her clothes. On raising shouts by complainant Sunil and his family members, many neighbours assembled. The petitioners and their associates threw Miss Poonam naked outside the house. Then the petitioner and his associates ran away, firing. An F.I.R. was registered as case crime No. 145/05 under Section 452/354/509/ 323/506 I.P.C. The incident had taken place in broad day light. There was hue and cry and atmosphere was exceedingly charged which resulted in breach of public order.

(3.) WE have heard Shri I.M. Khan, learned Counsel for the petitioners and Sri Arvind Tripathi, learned A.G.A. Nobody has turned up for the Union of India in petition No. 66528/05. But Shri A.K. Singh argued for Union of India in petition No. 66525/05.