PREM NARAYAN @ PREM VERMA Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner has made following prayers in the petition :

(2.) Heard Sri Anuj Pandey, learned counsel for petitioner, learned Additional Government Advocate for State of U.P. and Sri Varun Pandey for Union of India.

(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 (petitioner) 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, on the day of Holi festival 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 came 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. Station House Officer prepared and forwarded its report on 1.7.2019 and the police authority i.e. Circle Officer, Sadar Kheri forwarded the same to the Superintendent of Police Kheri to the next day i.e. 02.07.2019. He forwarded the report to the District Magistrate and on the same day i.e. 03.07.2019 the District Magistrate has passed the order to detain the petitioner under the aforesaid Act.