RAJENDRA Vs. STATE OF U P

JUDGEMENT

(1.) THIS writ petition seeks quashing of the detention order passed by the District Magistrate, Moradabad on 17-7-1995 against the peti tioner under Section 3 (2) of the National Security Act, 1980 in exercise of power conferred upon him under Section 3 (3) of that Act. An FIR was lodged against the petitioner and eleven others under Sections 147/452/336/326/427/504 and 506, IPC in Mohalla Chakkar Ki Milak, P. S. Civil Lines, Moradabad on 6-7-1995 at about 7-50 a. m. a. m. recording an occurrence at 8. 05 a,m. on that date to the effect that when a Police party Civil Lines Moradabad reached the spot in Mohalla Chakkar of Moradabad town they found two rival groups indulging in exchange of brickbats and in bandying of abuses be sides hurling threats to the lives of each other shattering the law and order. The petitioner was arrested alongwith others on the same day. The District Magistrate passed an order of preventive detention on 7-7-1995. However, subsequently the same was revoked by him on 17-7-1995 when another order of preventive detention was passed which has been impugned by this petition. Nine similar petitions were disposed of by another Division Bench of this court on 19-12-1995 in habeas corpus Petition No. 27751 of 1995 Habibultah v. Slate of U. P. since reported in 1996, JIC 391 (All) and others and the connected petitions. All those writ petitions were allowed on the ground that there was no application of mind on the part the detain ing authority.

(2.) AFTER hearing Sri Viresh Misra, Advocate for the petitioner and Sri A. K. Tripathi, learned Additional Public Prose cutor, we sec no reason to lake a different view in this matter. Accordingly, for the reasons given in the judgment dated 19-12-1995 referred earlier, we allow this petition and quash the detention order dated 17-7-1995 and direct that the peti tioner be released forthwith if not wanted in other case or cases. There shall, how ever, be no order as to costs. Petition allowed. .