Nilesh Madhurasbhai Kukadiya ... vs State Of Gujarat
2023 Latest Caselaw 6069 Guj

                                                                              NEUTRAL CITATION




    C/SCA/13140/2023                            FARAD DATED: 18/08/2023

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      IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

      R/SPECIAL CIVIL APPLICATION NO. 13140 of 2023
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NILESH MADHURASBHAI KUKADIYA THROUGH HARISHBHAI GIRDHARBHAI LAKHANI Versus STATE OF GUJARAT ============================================= Appearance:

MR AKBAR S SELOT(13003) for the Petitioner(s) No. 1 MR IMTIYAZ I MANSURI(9159) for the Petitioner(s) No. 1 DS AFF.NOT FILED (R) for the Respondent(s) No. 3 MR AAKASH GUPTA, AGP for the Respondent(s) No. 1

============================================= CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA and HONOURABLE MR. JUSTICE M. R. MENGDEY Date : 18/08/2023 FARAD (PER : HONOURABLE MR. JUSTICE M. R. MENGDEY)

For the reasons recorded in the judgment rendered on even date in the above petition, the court has passed the following order:-

"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(1) of the Act. In the result, the present petition is hereby allowed and the impugned order of detention dated 26.06.2023 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. Rule is made absolute accordingly. Direct service is permitted."

MAHESH BHATI PRIVATE SECRETARY