Ashesh S/O Indravadan Dudhiya vs The Commissioner Of Police ...
2021 Latest Caselaw 3206 Guj

         C/LPA/936/2020                                    ORDER



         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

           R/LETTERS PATENT APPEAL NO. 936 of 2020
                               In
         R/SPECIAL CIVIL APPLICATION NO. 13680 of 2020
                             With
           CIVIL APPLICATION (FOR STAY) NO. 1 of 2020
                               In
           R/LETTERS PATENT APPEAL NO. 936 of 2020
                             With
CIVIL APPLICATION (FIXING DATE OF EARLY HEARING) NO. 1 of 2021
                               In
           R/LETTERS PATENT APPEAL NO. 936 of 2020
==========================================================
               ASHESH S/O INDRAVADAN DUDHIYA
                            Versus
         THE COMMISSIONER OF POLICE AHMEDABAD CITY
==========================================================
Appearance:
MR ZUBIN F BHARDA(159) for the Appellant(s) No. 1
for the Respondent(s) No. 1,3
MS VRUNDA SHAH, AGP for the Respondent(s) No. 2
==========================================================
 CORAM: HONOURABLE THE CHIEF JUSTICE MR. JUSTICE VIKRAM NATH
         and
         HONOURABLE MR. JUSTICE ASHUTOSH J. SHASTRI

                          Date : 24/02/2021

                            ORAL ORDER

(PER : HONOURABLE THE CHIEF JUSTICE MR. JUSTICE VIKRAM NATH)

1. We have heard Mr. Zubin Bharda, learned counsel for the appellant.

2. Learned Single Judge dismissed the writ petition on the finding that on mere apprehension that the the petitioner would be detained, declining to entertain the writ petition at pre-detention stage relying upon a Division Bench judgment of this Court. Mr. Bharda has sought to submit that the Division Bench judgment relied upon does not lay down the proposition, on the basis of which the petition has been dismissed and

C/LPA/936/2020 ORDER

according to him, the petition would be maintainable in view of the assertion made in paragraph 5 of the petition that the detention order has already been passed and according to him, it was not a case of apprehension as there was a specific statement. Whatever be the status, we are not inclined to interfere with the order of learned Single Judge in view of the other Division Bench judgment of this Court dated 18.6.2020 passed in Letters Patent Appeal No.108 of 2020.

3. The appeal is accordingly DISMISSED.

4. Consequently, the connected Civil Applications also stand DISPOSED OF.

(VIKRAM NATH, CJ)

(ASHUTOSH J. SHASTRI, J) OMKAR