VISHNU AGARWAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS is a criminal writ petition filed by the nephew of the detenu Shri Bajrang Prasad Agarwal seeking to quash an impugned order of detention dated 18. 9. 2001, issued by respondent No. 2 and further seeking the release of the detenu from detention.

(2.) WE have heard both the sides and perused the averments made in the petition as well as in the several affidavits filed in this case. At the very outset even before narrating the facts we wish to observe that in the course of hearing of this petition there was a dispute raised relating to the correctness of certain factual aspects as mentioned in some of the affidavits filed by the respondents. There was also a grievance that certain relevant dates had not been disclosed by the respondents. In view of such grievances we had asked the Additional Public Prosecutor to show us the original files so that such disputes and controversies could be resolved from the record. In the circumstances from the averments before us as well as from the files which we have perused the relevant chronological set of events are as under:

(3.) THE present writ petition challenging the detention order and his continued detention, came to be filed in this Court on 28. 9. 200 1 as the Detaining Authority had passed an order directing that the detenu be detained in Nagpur Prison after the initial term of one week.