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Mohit Chandra Saha Vs. the District Magistrate, 24 Parganas, Alipore, Calcutta-27 and ors. - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtSupreme Court of India
Decided On
Case NumberWrit Petition No. 381 of 1971
Judge
Reported inAIR1974SC2287; (1972)3SCC773; 1972(4)LC618(SC)
AppellantMohit Chandra Saha
RespondentThe District Magistrate, 24 Parganas, Alipore, Calcutta-27 and ors.
Excerpt:
- indian evidence act, 1872 sections 113-a & 113-b ;[dalveer bhandari & harjit singh bedi,jj] presumption as to abetment of suicide and dowry death held, section 113-b which is relatable to dowry death places heavier onus on accused than onus placed under section 113-a. .....in dum dum jail from where he filed the present petition for a writ of habeas corupus.2. the grounds for detention furnished to the petitioner at the time of his arrest alleged (1) that he and some of his associates, armed with daggers, swords and other lethal weapons, trespassed into the house of one smt. abha sur and threatened her with dire consequences if she were to raise any objections to certain activities of the petitioner and his associates in her locality, (2) that on november 24, 1970, he and his associates, armed with acid bulbs, bombs and other lethal weapons, attacked bani vidyapithi, chandpara injuring during that attack its night guard with an acid bulb on his raising an alarm, and (3) that on december 10, 1970, he and his associates once again attacked the said.....
Judgment:

J.M. Shelat, J.

1. On January 11, 1971, the District Magistrate, 24 Parganas issued an order of detention against the petitioner under Sub-section (1) of Section 3 read with Sub-section (3) thereof of the West Bengal (Prevention of Violent Activities) Act (President Act 19 of 1970). In pursuance of that order the petitioner was arrested on January 14,1971 and detained in Dum Dum Jail from where he filed the present petition for a writ of habeas corupus.

2. The grounds for detention furnished to the petitioner at the time of his arrest alleged (1) that he and some of his associates, armed with daggers, swords and other lethal weapons, trespassed into the house of one Smt. Abha Sur and threatened her with dire consequences if she were to raise any objections to certain activities of the petitioner and his associates in her locality, (2) that on November 24, 1970, he and his associates, armed with acid bulbs, bombs and other lethal weapons, attacked Bani Vidyapithi, Chandpara injuring during that attack its night guard with an acid bulb on his raising an alarm, and (3) that on December 10, 1970, he and his associates once again attacked the said institution causing damage to its records, furniture and other properties by setting fire to them.

3. The petition reached hearing before us on January 11, 1972 when Mr. Lakhminarasu, appearing amicus curiae for the petitioner, challenged the validity of the said order of detention on a number of grounds. However, after arguments had ended, Mr. G.S. Chaterjee, appearing for the State, informed us that the State Government had revoked the said order of detention and had on January 12, 1972 released the petitioner. Even if the State Govt. had not passed the said order and released the petitioner, the order of detention would in any case have come to an end on January 14, 1972, since under Section 13 of the Act no detenu can be kept under detention for more than the maximum period of one year from the date of his detention.

4. Since the petitioner has, as aforesaid, been released, the questions raised on his behalf have become academic and the petition also has become infructuous. In this situation no useful purpose would be served by answering the points which have become academic. The only proper course to adopt, therefore, is to dismiss the petition on the ground that it has now become infructuous. Order accordingly.


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