C/SCA/893/2023 FARAD DATED: 21/02/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 893 of 2023
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BHURABHAI SHAMJIBHAI SINDHAV SARANIYA Versus STATE OF GUJARAT ================================================================ Appearance:
SUMIT K PRAJAPATI(8867) for the Petitioner(s) No. 1 ADVANCE COPY SERVED TO GOVERNMENT PLEADER/PP for the Respondent(s) No. 1 MR YUVRAJ BRAHMBHATT, ASST. GOVERNMENT PLEADER for the Respondent(s) No. 3 RULE NOT RECD BACK for the Respondent(s) No. 2 ================================================================ CORAM:HONOURABLE MR. JUSTICE VIPUL M. PANCHOLI and HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK Date : 21/02/2023 FARAD (PER : HONOURABLE MR. JUSTICE VIPUL M. PANCHOLI) For the reasons stated in the oral judgment dictated today, the Hon'ble Court has passed the following order:-
"7. In view of above, we are inclined to allow this petition, because simplicitor registration of FIR/s by itself cannot have any nexus with the breach of maintenance of public order and the authority cannot have recourse under the Act and no other relevant and cogent material exists for invoking power under section 3(2) of the Act. In the result, the present petition is hereby allowed and the impugned order of detention Page 1 of 2 Downloaded on : Tue Feb 21 21:06:28 IST 2023 C/SCA/893/2023 FARAD DATED: 21/02/2023 No.PCB/DTN/PASA/79/2022 dated 22.11.2022 passed by the respondent - detaining authority is hereby quashed and set aside. The detenue is ordered to be set at liberty forthwith if not required in any other case.
8. Rule is made absolute accordingly. Direct service is permitted.
9. Registry is directed to send the copy of this order to the Junagadh jail authority through email/fax forthwith."
DOLLY CHETAN VADUKAR Private Secretary Page 2 of 2 Downloaded on : Tue Feb 21 21:06:28 IST 2023