Dhansukhbhai Aebhalbhai ... vs State Of Gujarat
2023 Latest Caselaw 329 Guj

    C/SCA/25651/2022                           FARAD DATED: 11/01/2023




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/SPECIAL CIVIL APPLICATION NO. 25651 of 2022

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DHANSUKHBHAI AEBHALBHAI LERKHADIYA Versus STATE OF GUJARAT ================================================================ 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 for the Respondent(s) No. 2,3 ================================================================

CORAM:HONOURABLE MR. JUSTICE VIPUL M. PANCHOLI and HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK

Date : 11/01/2023

FARAD (PER : HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK)

For the reasons stated in the oral judgment dictated today, the Hon'ble Court has passed the following order :-

"6. In view of above, I am 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 No.DM/PASA/CASE/37/2022 dated 25/11/2022 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

C/SCA/25651/2022 FARAD DATED: 11/01/2023

other case.

7. Rule is made absolute accordingly. Direct service is permitted."

DOLLY CHETAN VADUKAR Private Secretary