SOORAJ PAL YADAV Vs. STATE OF U P

JUDGEMENT

(1.) KAMLESHWAR Nath, J. The petition under Article 226 of the Constitution is for issue of a writ of habeas corpus to set the petitioner Sooraj Pal Yadav at liberty and the only ground canvassed before us is that in making the arrest of the petitioner in compliance of the provisions of Section 50 (1) of the Code of Criminal Procedure and Article 22 (1) of the Constitution of India was not made.

(2.) THE arrest of the petitioner was made on 18-7-1987 at about 1 p. m. in connection with Case Crime No. 174 of 1986 registered at Police Station Cant. Lucknow for offence under Sections 147, 148, 149, 364, 207 of the Indian Penal Code and 2/3 (1) of the U. P. Gangsters and Prevention of Anti-Social Activities Act, 1986. When the police party attempted to arrest the petitioner, he and his companions fired at the party but they were captured and illicit arms were recovered from the petitioner's possession. On that basis an F. I. R. was lodged by the Inspector Incharge Inam Chandra at the said Police Station on the same day, on the basis of which a Case Crime No. 183 of 1987 under Sections 147, 148, 149 and 307 of the Indian Penal Code was registered against the petitioner.