M.N. Shukla, J. - (1.) THE Petitioner, Om Prakash Jaiswal alias Lalloo, a prominent businessman of Allahabad, has applied Under Article 226 of the Constitution for a writ of habeas corpus on the following averments.
(2.) ON 13 -4 -1973 Pawan Kumar, a student of Moti Lal Nehru Engg. College, Allahabad lodged a report with the Principal of the said College which was forwarded by him to the S.O,, P.S. Colonelganj, Allahabad and received by him on 15 -4 -1973. The allegations in the report were that on 13 -4 -1973 at about 7 -30 a.m. he was returning from Chowk on a rickshaw to his hostel. When he reached in front of the Prayag Sangit Samiti the jeep of one Lalloo coming on Elgin Road from Civil Lines touched the rickshaw from left side with the result that the rickshaw overturned and he fell down on the ground and sustained injuries. When Pawan Kumar resented such rash and careless driving by Lalloo, the latter lost his temper. He along with his four companions in the jeep forcibly kidnapped Pawan Kumar and threw him in his jeep on the point of dagger. All the occupants of the jeep were in a drunken state. Lalloo who was driving at a very high speed used grossly abusive language and those persons carried Pawan Kumar to Civil Lines assaulting him all the time. On Lalloo's direction his companions manhandled Pawan Kumar and later brought him to Katra main crossing near Lalloo's Mercury Dry Cleaning shop. There they stripped Pawan Kumar of his clothes, shaved half of his bead and left him in a nude state threatening him with dire consequences. Lalloo also mobilised the mob by declaring Pawan Kumar a thief and thereby provoked the mob to stone and manhandle him. He relieved Pawan Kumar of a sum of Rs. 70/ - which he had kept in the pocket of his pant. On the basis of this report a case Under Sections 147, 279, 342 and 395 IPC was registered as Crime No. 339 of 1973 against the Petitioner. On 14 -4 -1973 the Petitioner also lodged a report against some students of Moti Lal Nehru Engg. College Allahabad to the effect that they had unlawfully entered the Petitioner's farm and set fire to it and were destroying and damaging his property. When he reached the spot along with the driver of his vehicle he was informed that a mob of students had collected on the spot and had hurled brickbats at the Fire Brigade and actually surrounded it. All these acts of vandalism on the part of the students had resulted in heavy loss to the Petitioner's farm and godown and also the destruction of some important documents belonging to him. Bachchan Singh, the driver of the Fire Brigade had also lodged a report at P.S. Colonelganj on 14 -4 -1973 at 3 -10 a.m. and a case was registered against Pawan Kumar and others Under Section 147, 353, 427, 379, 332 and 336 IPC as Crime No. 336. Even prior to this another report had been lodged against the students of the Engineering College with the allegations that they had looted Paradise Hotel, Katra and a case had been registered as Crime No. 338. In that case also Pawan Kumar was a suspect. Thus, there were as many as three cognizable cases for non -bailable offences registered against Pawan Kumar at P.S. Colonelganj.
(3.) THE Petitioner's contention in brief is that even though there were reports in respect of three cognizable cases for non -bailable offences against Pawan Kumar at P.S. Colonelganj, the latter was not available to the Investigating Officer so that he could not be arrested. This showed that on the report lodged against the Petitioner also Pawan Kumar had not really been contacted or examined by the Investigating Officer and his alleged (examination Under Section 161 Code of Criminal Procedure was fictitious. In the circumstances it was submitted that the Petitioner's detention was illegal and he should be ordered to be released forthwith.;