SITA RAM Vs. DISTRICT MAGISTRATE LAKHIMPUR

JUDGEMENT

(1.) The present habeas corpus petition has been filed with the prayer to release the petitioner from jail. It is alleged that a notice under Sec. 3 of U.P. Control of Goondas Act, 1970 (hereinafter referred to as the Act) was issued by the District Magistrate, Lakhimpur-Kheri on 4-7-97 through which the petitioner was directed to appear before him on 17-7-97. The notice was served on the petitioner on 15-7-97. The petitioner did not appear on 17-7-97, therefore, the case was adjourned for 4-8-97 and a warrant of arrest was issued against the petitioner Sita Ram. The petitioner surrendered before the District Magistrate on 29-7-97 and moved an application for bail. It was also stated by the petitioner that no notice under Sec. 3 of the Act was served on him and even if the/ notice contained any signature, then the same were forged.

(2.) On 29-7-97 the District Magistrate passed an order directing the petitioner to furnish two sureties of Rs. 25,000.00 and a personal bond in the like amount. The petitioner furnished sureties and personal bond before him, but no orders were passed by the District Magistrate and the petitioner was sent to jail. On 30-7-97 the District Magistrate passed an order for verification of sureties from tehsil authorities. It is not disputed that the tehsil authorities returned the said sureties and personal bond after verification to the District Magistrate on 1-8-97 and were put up before him on 2-8-97. The District Magistrate passed an order to put up along with the file on 4-8-97. On 4.8.97 the District Magistrate had gone to Lucknow in connection with an administrative meeting called by the Commissioner, Lucknow Division, Lucknow.

(3.) It further transpires from the order sheet dated 4-8-97 that a specific order was passed on that date fixing 6-8-97 although in the margin of the order-sheet a note is made that the Presiding Officer had gone to Lucknow. Again on 6-8-97 the file was put up before him, but the case was adjourned for 11-8-97 because the lawyers were on strike. It has been stated that an application for enquiry was moved on behalf of petitioner by his brother and the District Magistrate passed an order on 6-8-97 directing the Tehsildar to make an enquiry and submit his report. It is also admitted that on 6-8-97 he also signed the order dated 4-8-97. On 11-8-97 the case was put up before the District Magistrate. On that date lawyers were not available due to heavy rains but the District Magistrate passed an order of release of the petitioner from jail. The District Magistrate has further stated that on 12-8-97 he had left Kheri at about 6 A.M. and proceeded to Lucknow in connection with some urgent work. It is further alleged that on 12-8-97 the Additional District Magistrate issued the release order on the basis of which the petitioner was released on 12-8-97.