JANG BAHADUR YADAV Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri O.P. Singh learned counsel for the petitioner, learned A.G.A. for the State of U.P. and Sri Jitendra Nayak appearing on behalf of the Union of India.

(2.) This petition has been filed by the petitioner Jang Bahadur Yadav with a prayer

(3.) The facts in brief of this case are that the F.I.R. has been lodged against the petitioner and the co-accused Madan Halwai, Subhash Yadav, Ram Narain Yadav, Shiv Bahadur, Rakesh Yadav, Neelam and Beenu, Santosh Patel and 40-50 other villagers in case crime no. 335 of 2011 under sections 147,148,149,307,325,504,506 and 427 I.P.C. and 7th Criminal Law Amendment Act P.S. Mau Aima district Allahabad, on the basis of this F.I.R. the impugned order of detention has been passed by the District Magistrate, Allahabad on 4.11.2011. The order dated 4.11.2011 was approved by the State Government on 14.11.2011. The case of the petitioner was referred to the Advisory Board as well as to the Central Government. The petitioner appeared before the Advisory Board in due process, prior to that the petitioner has sent his representation dated 14.11.2011 which was rejected by the District Magistrate, Allahabad. The representation along with the comments was sent by the District Magistrate, Allahabad to the State Government by letter dated 16.11.2011, the same was received on 18.11.2011. A copy of the representation and parawise comments were sent to the Advisory Board as well as to the Central Government by the State of U.P. vide letter dated 21.11.2011, after due consideration the representation was finally rejected on 23.11.2011. The report of Advisory Board through its Registrar vide letter dated 21.12.2011 was received by the State Government on 21.12.2011, on receipt of the report of the Advisory Board the State Government once again examined a fresh the entire case of the petitioner along with the opinion of the Advisory Board and took a decision confirming the detention order on 29.12.2011 to keep the petitioner under detention for a period of 12 months from the date of his actual detention under the Act, it was communicated to the petitioner also. The Cetnral Government proceeded with the representation along with the parawise comments on 24.11.2011 and 25.11.2011, the representation was put up for consideration and rejected the representation on 30.11.2011 and the same was communicated to the petitioner also.