KAPIL DEO Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) The petition seeks issuance of a writ in the nature of certiorari quashing order dated 19.08.2015 as well as the detention order dated 04.07.2015 passed under National Security Act, 1980.

(2.) The facts giving rise to the present petition are that the petitioner was arrested by the Police on 01.03.2015 in Case Crime No. 260 of 2015 under Sec. 376 Indian Penal Code and Sec. 3/4 Protection of Children from Sexual Offences Act relating to Police Station Sadulla Nagar, District Balrampur in which the charge -sheet has also been filed on 30.04.2015. The District Magistrate, Balrampur passed a detention order on 04.07.2015 under Sec. 3 of the National Security Act on the premises that the petitioner has filed the application for bail in the Court of Additional Sessions Judge/F.T.C., Balrampur.

(3.) The background of the impugned order is that the Station House Officer, Sadullu Nagar, District Balrampur had submitted a report to the Superintendent of Police, Balrampur that in the intervening night of 27/28 -02 -2015, the marriage ceremony of the daughter of Raksha Jaiswal was going on, in which the Video Film was also displayed. The victim aged about 8 years had also gone to view the video. At about 3 -4 a.m. in the morning, she told that a boy from the marriage party has committed rape with him.