- (1.) This writ petition in the nature of habeas corpus has been filed with the prayer to declare the impugned detention order dated 10.7.2015 passed by District Magistrate as well as order of confirmation dated 21.8.2015 passed by State of U.P. to be quashed.
(2.) The facts giving rise to present petition are that on 22.10.2014 at about 7:00 pm in the evening Vinod Kumar Yadav, Rajiv Yadav, Sunil Kumar Yadav, Shailendra Kumar, Ram Bahadur and Dhirendra Kumar Yadav were coming by three motor-cycles from gram Dafra at about 8:00 pm in the evening. They reached at the border of Dafra Setapur where an unnumbered white car blocked their way from which Rakesh Kumar, Brijesh Kumar, Kailash, Ajay, Ram Shlok Pandey and Kallu Dubey @ Premchand come out with firearms in their hand and started firing on them. When complainant Vinod Kumar Yadav and his companions tried to run away then these six persons started firing indiscriminately on them. One fire shot of Rakesh hit Rajiv Yadav who fell there and died immediately. Thereafter, the culprits went towards village Dafra Gadhiyawan by their car. Rajiv was taken to hospital by ambulance where he was declared dead. For this incident, case crime no. 264 of 2011 under Section, 147,148,149, 302 IPC was registered on 22.10.2014 at about 22:30 hours against said accused. During investigation, firearms were also recovered. Thus after completion of the investigation, chargesheet was submitted in court against abovementioned persons.
(3.) After about eight and a half months of this incident, Station House Officer of concerned police station had submitted a report to the Superintendent of Police,Pratapgarh with proposal to initiate proceedings under National Security Act.;