Court : Andhra Pradesh
Reported in : 1952CriLJ1756
ORDER1. This is an application for the issue of a Writ of Habeas Corpus to release a detenu who has boon detained under the Preventive Detention Act. A counter has been filed on behalf of the Government supporting the order of detention. We heard the advocate for the detenu and the detenu himself, who requested that he might be allowed to address the court.2. Three points were urged by the advocate for the detenu viz., (1) that the grounds on which the detenu has been detained are vague, (2) that the detenu was prosecuted for having committed dacoity and in that case he was discharged, no charge being framed against him and the detaining authority failed to take note of this fact while confirming the detention and (3) that while the order o detention directing his detention states that his detention was necessary for the maintenance of public order, the individual acts that have been attributed to the detenu are, that he was creating disloyalty, disaffection against the established Gov...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1952CriLJ1740
ORDER1. This petition has been filed under Articles 227 and 228 of the Constitution. The petitioner before us is the accused in a case pending before the District Magistrate, Gulbarga (No. 1/3 of 1951) in which he was charged for offences under the Defence of Hyderabad Rules read with Sections 342, 405, 409 and 477, Hyderabad Penal Code. The challan in the case was filed on 12.12.1950. The prosecution examined 18 witnesses and at that stage filed an application on 29.12.1951 before the Court praying that the Magistrate might proceed to frame a charge on the basis of the evidence already led by the prosecution. While doing so, the prosecution expressly reserved its right to examine the rest of the witnesses after the framing of the charge. The prosecution purported to make this prayer under Section 254, Criminal P.C. of India, Act 5 of 1898.It may be mentioned that the Indian Criminal Procedure Code was applied to the part n States by the Act of 1951. The Code of Criminal Procedure (Ame...
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