Gopal @ Kishan Jagdishprasad ... vs State Of Gujarat
2023 Latest Caselaw 332 Guj

    C/SCA/24996/2022                           FARAD DATED: 11/01/2023




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/SPECIAL CIVIL APPLICATION NO. 24996 of 2022

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GOPAL @ KISHAN JAGDISHPRASAD GUPTA THROUGH SHIVAM JAGDISHPRASAD GUPTA Versus STATE OF GUJARAT ================================================================ Appearance:

MEHUL A SURATI(7870) for the Petitioner(s) No. 1 MR CHINTAN DAVE, ASST. GOVERNMENT PLEADER for the Respondent(s) No. 1,2,3 ================================================================

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

Date : 11/01/2023

FARAD (PER : HONOURABLE MR. JUSTICE 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 No.PCB/DTN/PASA/916/2022 dated 20/10/2022 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.

C/SCA/24996/2022 FARAD DATED: 11/01/2023

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

DOLLY CHETAN VADUKAR Private Secretary