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Judgment
The ground of detention discloses that in the midnight of 23rd/24th January, 2000, the petitioner entered into the house of one person and committed rape to the wife of the informant on pistol point. Thereafter, the body of the informant''s wife was found at Balda. A case under Section 376/452/506 I.P.C. and Section 3(1) X SC/ST Act was registered against the petitioner. In consequence of the said alleged offence, an atmosphere of terror and panic was created throughout the area and public order was disturbed. We are of the view that undoubtedly, the offence committed by the petitioner was a gruesome one. The case registered against him is of such that on the basis of the evidence it shall be decided by the Court. Due to such solitary incident of rape and murder undoubtedly law and order is disturbed, but it cannot be said that the ramification of such incident would be as such where it can be said that the public order was disturbed. Although a single incident may often erupts into violent activities as a result of which the public order may be disturbed, but a perusal of the ground of detention itself does not indicate that the incident was of such a magnitude where public order can be said to have been disturbed.
In view of the aforesaid reason, we are of the view that the District Magistrate, Sitapur, who passed the order detaining the petitioner under Section 3(2) of National Security Act has not applied his mind in accordance with the provisions of National Security Act. The writ petition is accordingly allowed. The order dated 2722000 passed by the District Magistrate, Silapur, is accordingly quashed. The petitioner shall be released forthwith if not wanted in any other case. Petition allowed.