SHABIHUL HASNAIN,J. - (1.) Petitioner has made following prayers in the petition : (a) issue a writ, order or direction in the nature of Habeas Corpus declaring the impugned detention order dated 7th January, 2019, passed by the District Magistrate, Sultanpur, respondent no.3/detaining authority contained in Annexure-1 to the writ petition, illegal, arrbitrary and bad in law and release the petitioner from the detention forthwith. (b) a writ, order or direction in the nature of Habeas Corpus declaring the impugned detention order extending the detention of the petitioner for additional 3 months, i.e. 6 months from 7.1.2019. (No copy of the said order has been supplied to the detenue). (c) a writ, order or direction in the nature of certiorari quashing the order dated 7th January, 2019, contained as Annexure No.1 to the writ petition as well as consequential order dated 16th January, 2019 passed by opposite party no.2 contained as Annexure No.2 to this writ petition by which the order dated 7th January, 2019 passed by the District Magistrate, Sultanpur has been approved. (d) a writ order or direction in the nature of certiorari quashing the orders dated 28.3.2019 and 3.7.2019, passed by the opposite party no.2 extending the detention of the petitioner/detenue for a period of 9 months from 7.1.2019.
(2.) Heard Sri Siddhartha Sinha, learned counsel for petitioner, learned Additional Government Advocate for State of U.P. and Sri Kazim Ibrahim appearing for Union of India.
(3.) The facts in brief according to the prosecution are that the complainant Kanhaiyalal Gaur, lodged an F.I.R. in Case Crime No.591 of 2018, under Sections 307,427,504,506 IPC and 7 Criminal Law Amendment Act, P.S.Kotwali Nagar, District Sultanpur on 30.7.2018 to the effect that three persons namely, Raman Singh, Satya Prakash Singh and Saurabh Singh came to the Avantika Food Mall (restaurant) at about 4.15 p.m. and 29.7.2018, who had an altercation with the owner of the restaurant namely Alok Kumar Arya and the above persons went away threatening of dire consequences. The above three persons came back again in the night and shot the owner of the restaurant namely Alok Kumar Arya but he survived. This story has been corroborated by the statement of victim Alok Kumar Arya. The above incident was captured.;