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Madhya Pradesh High Court · body

2014 DIGILAW 374 (MP)

Sanju alias Sanjay v. State Of M. P.

2014-04-02

M.C.GARG, S.K.SETH

body2014
ORDER : M. C. GARG, J. This writ petition under Article 226 of the Constitution of India has been filed by the petitioner assailing the order of detention passed against him by the competent authority under section 3(2) of National Security Act, 1980. 2. The grounds for detention to detain the petitioner in the preventive detention are available in the order of the Collector, dated 29-7-2013. The reasons for detention order for the sake of reference are reproduced in toto :- 3. The order of detention was approved by the State Government vide order dated 8-8-2013 as well as by the Advisory Board vide order dated 5-9-2013. 4. A bare perusal of the order of detention goes to show that right from 1995, the petitioner was engaged in criminal activities inasmuch as, he was involved in 45 cases before passing of the order of detention earlier. The offences alleged against the petitioner were under various categories as can be seen from the order as aforesaid and involves serious offences such as under sections 307, 506 etc. of Indian Penal Code. It is also the matter of record that before passing of the previous order of detention, the petitioner was extended on 30-6-2004 and 10-11-2010. 5. It is true that the previous order dated 4-5-2012 detaining the petitioner under National Security Act was withdrawn but, it is also matter of record that after the release of the petitioner from detention after withdrawal of the first detention order, the petitioner got himself involved into serious criminal cases again, inasmuch as, on 29-8-2012, he caused injuries on the head of one Gagan son of Dhannalal by using bear bottle which resulted in the registration of criminal case No.778/2012 under sections 324 and 34 of Indian Penal Code. Again he got involved himself in another criminal case registered vide FIR No.179/2013 under sections 147, 148, 149, 452, 323, 294, 506 and 427 of Indian Penal Code with respect to the incident dated 10-5-2013. Similarly, he was involved in 3rd case vide FIR No.498/2013 under sections 452, 323, 294, 506, 336, 427 and 34 of Indian Penal Code. 6. Learned counsel for the petitioner has submitted that once the earlier order of detention was withdrawn, the previous history could not have been taken into consideration for the purpose of passing the fresh detention order subject matter of the writ petition. 6. Learned counsel for the petitioner has submitted that once the earlier order of detention was withdrawn, the previous history could not have been taken into consideration for the purpose of passing the fresh detention order subject matter of the writ petition. He also submits that after the release of the petitioner on 4-5-2013, the petitioner was involved only in 3 criminal cases which are not of serious nature and he may face the trial and convict, if at all, the prosecution will prove his case. He also submits that the petitioner is suffering from HIV Aids and his wife is also so suffering, therefore, taking these two submissions, the order of detention is required to be quashed. 7. He has also relied upon the judgment delivered in the case of Deepak son of Radheshyam Purohit vs. State of M. P. and others reported in 2013(2) MPLJ 595 . 8. We have also heard learned counsel for the respondents, who has contended that looking to overall conduct of the petitioner, who is involved in various criminal offences and has also been a nuisance for public and is always disturbing law and order, does not deserve any mercy and is not entitled to any relief. 9. Having heard learned counsel for the parties and having perused record of the case and the judgment cited on behalf of the petitioner, we find no ground to interfere into the order of detention as we are satisfied that it is a fit case where taking into consideration the overall conduct of the petitioner, who infact menace to the maintenance of the public order and tranquility. 10. We, therefore, dismiss the writ petition with no order as to costs. C.c. as per rules.