LAWS(ALL)-2016-1-98

KALLU Vs. UNION OF INDIA AND ORS.

Decided On January 25, 2016
KALLU Appellant
V/S
Union of India And Ors. Respondents

JUDGEMENT

(1.) The instant petition has been filed on behalf of the petitioner seeking the relief in the nature of Habeas Corpus directing the respondents to set him at liberty forthwith and also quashing the order dated 6.6.2015 passed by the District Magistrate Jalaun, respondent No. 3 whereby the petitioner has been ordered to be detained in captivity for twelve months in exercise of power under Sec. 3(2) of the National Security Act 1980 (hereinafter referred to as N.S.A.).

(2.) We have heard learned counsel for the petitioner Sri Mahendra Pratap and Sri Syed Murtaza Ali, learned A.G.A. for the State as well as Sri N.D. Rai, learned counsel appearing on behalf of the Union of India.

(3.) The emanation of facts unfolded compendiously is that ground of detention dated 6.6.2015 along with detention order was served upon the petitioner while he was in judicial custody pursuant to the first information report registered against him vide Case Crime No. 1850 of 2014 under Ss. 147, 148, 149, 452, 302, 504, 323/34, 506 IPC read with Sec. 7 of Criminal Law Amendment Act, P.S. Jalaun, District Jalaun and also in Case Crime No. 440 of 2015, under Sec. 2/3 of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986.