JUDGEMENT
AJIT SINGH,J. -
(1.) Heard Sri Atul Kumar, learned Counsel for the petitioner, Sri N.D. Rai, learned Counsel for Union of India and Sri Patanjali Mishra, learned
AGA appearing on behalf of the State-respondents.
By means of present Habeas Corpus writ petition, following reliefs have been sought:
"a) To issue a writ, order or direction in the nature of certiorari quashing the impugned order of detention dated 16.09.2018 passed by District Magistrate, Muzaffar Nagar (O.P. No.3) in Order No.222/N.S.A.-2018/J.A. that has been passed by exercising power under Section 3(2) of the National Security Act, 1980 and order dated 30.9.2018, order dated 25.09.2018 and order dated 01.11.2018 passed by O.P. No.3.
b) To issue a writ, order or direction in the nature of Mandamus directing the respondents to release the petitioner forthwith.
c) To issue any other suitable writ, order or direction with this Hon'ble Court may deem fit and proper in the facts and circumstances of the case to meet the ends of justice.
d) To award costs of this Writ Petition to the petitioner."
(2.) Learned counsel for the petitioner has submitted that initially an FIR has been referred to in the proceedings. The said FIR is dated
22.8.2018 which was registered as Case Crime No.0292 of 2018. In the said FIR, neither the petitioner nor his family members were named.
Subsequently, another FIR was lodged on 25.8.2018 in which 25 persons
were named and hundred persons were shown as unknown. The said FIR
was registered as Case Crime No.0293 of 2018. In the said FIR, the
petitioner has been named, however general role has been assigned to
him.
(3.) At the very outset, it has been mentioned that even though the petitioner has been named but no specific role has been assigned to him.
Even though it has been mentioned that a mob of hundred people had
gathered but nobody had received any single injury even an abrasion.
There is no injury report whatsoever on record which may show that
anybody had received injury. This fact has not been disputed by Shri
Patanjali Mishra, learned AGA or Shri Jitendra Prasad Misrha, learned
counsel appearing for the Union of India.;
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