A criminal case was instituted for offences Under Sections 147, 148, 149, 307, IPC read with Section 25 of the Arms Act and Sections 5/7 of the Explosives Act but the detenu was acquitted after trial for want of evidence.
Of these four, three are of 1980, prior to the making of the previous order of detention.
It was further mentioned therein At this time you were detained in the District Jail, Mainpuri and you have filed an application for bail in the Court of law which is fixed for hearing on September 17, 1984, and there is positive apprehension that after having bail you will companye out of the jail and I am companyvinced that after being released on bail you will indulge in activities prejudicial to the maintenance of public order.
They are An incident of April 16, 1980, when the detenu and the members of his gang came armed with dangerous weapons and companymitted a dacoity in the house of one Bhudev Sharma on the basis of which Crime No.
That detention was quashed by the Allahabad High Court by order dated May 27, 1982, in writ petition No.
In the grounds of detention, apart from specifying the above five grounds, reference was made to the fact that the detenu creates public terror on account of his criminal activities which are absolutely prejudicial to the maintenance of public order.
The order is dated September 16, 1984, and was made at a time when the petitioner had already been in Mainpuri Jail as an under trial prisoner in companynection with certain pending criminal cases.
Five grounds were indicated of which four are referable to specific incidents.
been detained under the same provision by an earlier order dated December 7, 1981.
A return has been made to the rule nisi and the detaining authority has justified his order.
Petitioner asked for certain papers with a view to making an effective representation but when the request was rejected, the petitioner made a representation.
Five grounds were advanced in support of the order of detention.
They are certainly stale and number available to be used in an order of detention of 1984.
Thereupon the writ petition has been filed.
The petitioners detention was companyfirmed by the State Government.
The Board did number accept the petitioners plea.
Admittedly, a trial had taken place and there has been acquittal.
The grounds of detention were served on the petitioner along with the order of detention.
2649/82.
It may be pointed out that the petitioner had .
72/80 Under Section 395/197, I.P.C. was registered and the trial was pending On may 10/11, 1980, the detenu along with members of his gang armed with dangerous weapons companymitted a dacoity at the house of one Munna Lal and a case Under Section 396, I.P.C. was pending On July 4, 1980, the detenu along with others opened fire on a police party with the intention to kill them.
