SURENDRA PATEL Vs. DISTRICT MAGISTRATE ALLAHABAD
LAWS(ALL)-2002-7-88
HIGH COURT OF ALLAHABAD
Decided on
July 18,2002
SURENDRA PATEL
Appellant
VERSUS
DISTRICT MAGISTRATE, ALLAHABAD
Respondents
Referred Judgements :-
RAM PRASAD CHAUDHARY V. STATE OF U. P. [REFERRED TO]VEERAMANI V. STATE OF T. N. [REFERRED TO]
CHANDRESH PAWAN V. STATE OF U. P. [FOLLOWED ON]
DHARMENDRA SUGANCHAND CHELAWAT V. UNION OF INDIA [REFERRED TO]
RAM MANOHAR LOHIA VS. STATE OF BIHAR [REFERRED TO]
PUSHKAR MUKHERJEE VS. STATE OF WEST BENGAL [REFERRED TO]
ARUN GHOSH VS. STATE OF WEST BENGAL [REFERRED TO]
NAGENDRA NATH MONDAL VS. STATE OF WEST BENGAL [REFERRED TO]
SASTHI CHANDRA ROY VS. STATE OF WEST BENGAL [REFERRED TO]
KANU BISWAS VS. STATE OF WEST BENGAL [REFERRED TO]
KISHORI MOHAN BERA VS. STATE OF WEST BENGAL [REFERRED TO]
AMIYA KUMAR KLARMAKAR VS. STATE OF WEST BENGAL [REFERRED TO]
SAMARESH CHANDRA BOSE SHYAMAL BISWAS DULAL GHANDRA DAS VS. DISTRICT MAGISTRATE BURDWAN:DISTRICT MAGISTRATE BURDWAN:DISTRICT MAGISTRATE BURDWAN [REFERRED TO]
BABUL MITRA ALIAS ANIL MITRA VS. STATE OF WEST BENGAL [REFERRED TO]
RAM RANJAN CHATTERJEE VS. STATE OF WEST BENGAL [REFERRED TO]
ASHOK KUMAR VS. DELHI ADMINISTRATION [REFERRED TO]
JAVA MALA VS. HOME SECRETARY GOVERNMENT OF JAMMU AND KASHMIR [REFERRED TO]
ALIJAN MIAN JADUNANDAN SAH VS. DISTRICT MAGISTRATE DHANBAD:DISTRICT MAGISTRATE DHANBAD [REFERRED TO]
BINOD SINGH VS. DISTRICT MAGISTRATE DHANBAD BIHAR [REFERRED TO]
GULAB MEHRA VS. STATE OF UTTAR PRADESH [REFERRED TO]
STATE OF UTTAR PRADESH VS. KAMAL KISHORE SAINI [REFERRED TO]
AYYA ALIAS AYUB VS. STATE OF UTTAR PRADESH [REFERRED TO]
ANGOORI DEVI FOR RAM RATAN VS. UNION OF INDIA [REFERRED TO]
BIMLA RANI VS. UNION OF INDIA [REFERRED TO]
SURESH CHANDRA KATARE VS. STATE OF UTTAR PRADESH [REFERRED TO]
JUDGEMENT
V.N.SINGH, J. -
(1.)Writ has been filed by the petitioner for issuing a writ in the nature of habeas corpus and calling for the respondents to release the petitioner forthwith and to issue writ in the nature of certiorari quashing the impugned order dated 4-8-2001 (Annexure-2) and order dated 22-9-2001 (Annexure-4) passed by the respondent, District Magistrate, Allahabad and the State Government respectively and to issue any other writ order or direction which this Hon'ble Court may deem fit and to award the cost of the petition. "Brief fact of case is that"
(2.)Smt. Maya Pandey lodged the report in the police station Colenalganj on 15-6-2001 at 12.30 p.m. that she serves as Nurse in Bhola Nursing Home and resides in the house of Smt. Anarkali on rent. On 11-6-2001 at about 7.30 p.m. she was going to Bhola Nursing Home along with Shri Moti Lal Pandey, who is also an employee in Bhola Nursing Home through Company Garden Gate. Near Company Garden four persons carried her and Moti Lal inside the Park and committed gang rape with her. When Moti Lal came to save her they caused injuries to Moti Lal by Danda. On obstruction by the complainant they caused injuries to the complainant also. She has recognised two persons out of the four persons. One is Surendra who is an employee (Mali/Chaukidar) in the Company Garden and other is Pappu Chaurasiya of Katra. On the complaint of Maya Pandey a case was registered at the Police Station Colenalganj at crime No. 196 of 2001 under Section 376, 323, I.P.C.
(3.)The petitioner was arrested on 16-6-2001 and he was released on bail by the order dated 1-8-2001 passed by the High Court, Allahabad. He was orally told that he will not be released as he was required to remain in jail.
(2.)Smt. Maya Pandey lodged the report in the police station Colenalganj on 15-6-2001 at 12.30 p.m. that she serves as Nurse in Bhola Nursing Home and resides in the house of Smt. Anarkali on rent. On 11-6-2001 at about 7.30 p.m. she was going to Bhola Nursing Home along with Shri Moti Lal Pandey, who is also an employee in Bhola Nursing Home through Company Garden Gate. Near Company Garden four persons carried her and Moti Lal inside the Park and committed gang rape with her. When Moti Lal came to save her they caused injuries to Moti Lal by Danda. On obstruction by the complainant they caused injuries to the complainant also. She has recognised two persons out of the four persons. One is Surendra who is an employee (Mali/Chaukidar) in the Company Garden and other is Pappu Chaurasiya of Katra. On the complaint of Maya Pandey a case was registered at the Police Station Colenalganj at crime No. 196 of 2001 under Section 376, 323, I.P.C.
(3.)The petitioner was arrested on 16-6-2001 and he was released on bail by the order dated 1-8-2001 passed by the High Court, Allahabad. He was orally told that he will not be released as he was required to remain in jail.
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