Allahabad Court February 1948 Judgments

Pyare Lal Sharma Vs. Emperor

Court: Allahabad

Reported in: AIR1948All342

ORDERWanchoo, J.1. This is an application by Pandit Pyare Lal Sharma, a practising Mukhtar at Aliganj in the district of Etah under Section 491, Criminal P.C. It appears that an order was passed by the District Magistrate of Etah on 28-11-1947, under Section 3, Sub-Section (1)(a), U.P. Maintenance of Public Order (Temporary) Act (iv of 1947) for the detention of the applicant for a period of six months. In pursuance of this order, the applicant was arrested on 8-12-1947. At the time of his arrest, the reasons for his detention under Section 5 of the Act were communicated to him. It is clear from the original documents produced on behalf of the Crown that the provisions of the Act were complied with. It was argued on behalf of the applicant that as the District Magistrate had apparently signed the typed forms which are kept prepared, it shows that he did not apply his mind to the case. This argument cannot possibility be accepted. The fact that typed forms are kept prepared and are used...