Raghubar Dayal, J. - (1.) Alla Mehar applied under 8, d9i, Criminal P. C, against his detention under the orders of the District Magistrate, Bulandshahr, under Section 3 (1)(a), U. P. Act IV [4] of 1917. That order was passed on 22nd February 1948 and was to continue for six months.
(2.) The counter-affidavit filed for the Crown States in para. 6: That the detention of the applicant has been revoked under Section 4 of the aforesaid Act on 10th May 1948, and he has been ordered to enter into a personal bond of Rs. 2000 and two sureties in the same amount for not taking part in any communal activity likely to disturb the public peace under Section 3 (3) of the aforesaid Act, and he remains in custody only because he has failed to furnish either the personal bond or the sureties required.
(3.) The subsequent order requiring the petitioner to enter into a personal bond is not before the Court. It cannot, therefore, be said as to who passed it, the Provincial Government or the District Magistrate. The District Magistrate has been delegated the power to pass orders under Section 3 (l) (f) of the afore3aid Act and in all probability it is he who passed this order on 10th May.;