VIJAY LAKSHMI, J. - (1.) BY means of this Habeas Corpus Writ Petition the petitioner has challenged the detention order dated 7.7.2014 passed by the respondent no. 3/ District Magistrate, Firozabad while exercising his powers under section 3(3) of the National Security Act, 1980. The petitioner has also prayed for releasing him forthwith.
(2.) WE have heard learned counsel for the petitioner and learned AGA appearing for all the respondents and have perused the records.
(3.) LEARNED counsel for the petitioner has submitted that the petitioner is a student and young man aged about 23 years. He has no criminal antecedent and apart from the present case no other criminal case is registered against him, but the respondent no. 3, only on the basis of reports of some newspapers, has passed the detention order against the petitioner. The State Government has also wrongly ratified it without application of mind. Hence he has prayed that both the orders be quashed. The record shows that an incident of daylight murder took place on 25.5.2014 at 7.30 A.M. at Jain Nagar, Kuanwali Gali, Firozabad, when the deceased Vinay Kumar Yadav, who was an active member of Samajwadi Party, was reading newspaper sitting in front of his house. According to the FIR at that time six or seven assailants including the petitioner reached there and started indiscriminate firing resulting into death of the deceased Vinay Kumar Yadav on the spot. On the same day at 8.50 A.M. FIR of the incident was lodged by Smt. Shobha Yadav, 'bhabhi' of the deceased. On the basis of the FIR Case Crime No. 411 of 2014, under sections 147, 148, 149, 302, 120B I.P.C. was registered at Police Station Uttar, District Firozabad, against seven named and two unknown persons . During investigation the names of four other persons also surfaced. The motive behind the occurrence was mentioned in the FIR itself, which was enmity due to some criminal cases pending between them.;