- (1.)JARDAN Singh, the applicant has made this application for the issue of a writ under Clause (1) of Article 226 of the Constitution of India read with Section 491, Criminal P. C. alleging that the petitioner's father Gyan Singh and uncle Dwarka Singh have been served with orders from the Madhya Bharat Government that they should proceed to any place in the District of Jhabua, Dhar, Mandsaur, Ratlam and Ujjain and that they should not enter or remain in any other District of Madhya Bharat except with the previous permission in writing from the District Magistrate concerned. Further they have been also asked to report at least once a week to the officer in charge of Police Station in whose jurisdiction they reside permanently or temporarily.
(2.)ON 19th May 1b50 Mr. Dey, learned Counsel for the petitioner, desired that the application for issue of a writ under Article 226 of the Constitution of India be postponed until the decision of the Full Bench of this Court at Indore and that application under Section 491 of the Criminal P. C. should be taken up immediately.
(3.)MR. Dey on that day was asked by me to show whether on the facts mentioned in the application a petition under Section 491 is competent. Mr. Dey wanted time to show some rulings on the point and time was given. To-day, Mr. Jagannath Prasad Gupta has appeared on behalf of the petitioner and has argued that the word 'detention' as well as the word 'custody' are very wide and as Gyan Singh and Dwarka Singh have been asked to remain within 5 Districts of Madhya Bharat it should be taken that there is physical restraint and an infringement of their personal liberty. Hence, according to Mr. Gupta, an application under Section 491 lies.
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