Ashish @ Ajay Narsshibhai Tandel vs District Magistrate, Valsad
2023 Latest Caselaw 1817 Guj

    C/SCA/1965/2023                            FARAD DATED: 21/02/2023




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/SPECIAL CIVIL APPLICATION NO. 1965 of 2023

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ASHISH @ AJAY NARSSHIBHAI TANDEL Versus DISTRICT MAGISTRATE, VALSAD ================================================================ Appearance:

MR KUNAL S SHAH(5282) for the Petitioner(s) No. 1 ADVANCE COPY SERVED TO GOVERNMENT PLEADER/PP for the

MR YUVRAJ BRAHMBHATT, ASST. GOVERNMENT PLEADER for the

RULE SERVED BY DS for the Respondent(s) No. 1,2,3 ================================================================

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

C/SCA/1965/2023 FARAD DATED: 21/02/2023

No.DCB/MAG/PASA/24/2022 dated 29.11.2022 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 District Jail, Rajkot through email/fax forthwith."

DOLLY CHETAN VADUKAR Private Secretary