AJIT SINGH,J. - (1.) Heard Sri Atul Kumar, learned Counsel for the petitioner, Sri Jitendra Prasad Mishra, 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 19.09.2018 passed by District Magistrate, Muzaffar Nagar (O.P. No.3) in Order No.223/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 06.10.2018, order dated 27.09.2018 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." 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 24.8.2018 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.
(2.) 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.
(3.) It has also been informed that in the said Case Crime No.0293 of 2018, the petitioner has been granted bail on 27.9.2018 by the Court of Sessions. It has been further informed that the petitioner has got no previous criminal history and he is not involved in any other criminal case. Shri Jitendra Prasad Mishra, learned counsel appearing for Union of India, at the very outset, has informed the Court that no allegation has been made against the Union of India even though a short counter affidavit has been filed on behalf of Union of India which has been duly perused by this Court. Learned counsel for the petitioner has drawn attention of this Court to the detention order dated 19.9.2018 which has been approved by the State Government on 1.11.2018 for a period of three months from the date of detention order. Learned counsel for the petitioner has contended that the detaining authority has not applied its mind while passing the detention order.;