NASEEM Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Siddarth Sinha, learned counsel for petitioner as well as learned Additional Government Advocate for State of U.P. and Sri Savitra Vardhan Singh for Union of India.

(2.) By means of this habeas corpus petition the petitioner has prayed for issuance of writ in the nature of habeas corpus declaring the detention of the petitioner illegal and has also further challenged the detention order dated 4.5.2019, passed by the District Magistrate, Lakhimpur Kheri, contained in Annexure No.1 to the writ petition. Petitioner has also challenged the order dated 21.6.2019 and 26.7.2019, passed by the State Government contained in Annexure Nos.A-1 and A-2 respectively.

(3.) The details of the alleged incident are mentioned that as per the report of Sri Shiddesh Verma, his brother Sri Yogesh Verma is a Member of the Legislative Assembly from Sadar Seat, District Lakhimpur Kheri and has initiated actions against the illegal mining and due to the aforesaid actions the illegal mining mafia Prem Verma was having an inimical terms with the brother of the informant and threats were extended to him to face dire consequences. On 21.3.2019, when the informant Sri Shiddesh Verma was returning after attending a party along with his gunner Mohit and his brother Sri Yogesh Verma and friend Pankaj Verma on different motorcycles, suddenly at about 3.30 p.m. the accused persons namely Prem Verma, Naseem, Pinki Saxena @ Pinku Saxena, who were already present at the culvert in front of the motorcycles and asked the informant and others to stop the motorcycles and after hurling abuses, all the accused persons fired, due to which Sri Yogesh Verma, brother of the informant sustained injury on his right leg and thereafter all the accused persons ran away after firing, which caused hue and cry and general public started running after closing their respective shops and on the basis of the aforesaid incident, an FIR was registered on 21.3.2019 as Case Crime No.334 of 2019, under Sections 307,504,506 IPC and Section 7 Criminal Law Amendments Act, at P.S.Sadar, District Lakhimpur Kheri.