Chhelabhai Alias Raju Malabhai ... vs State Of Gujarat
2023 Latest Caselaw 5103 Guj

    C/SCA/9524/2023                              FARAD DATED: 01/07/2023




      IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

       R/SPECIAL CIVIL APPLICATION NO. 9524 of 2023

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CHHELABHAI ALIAS RAJU MALABHAI BHARWAD Versus STATE OF GUJARAT ============================================= Appearance:

RIDDHISH V MODI(7672) for the Petitioner(s) No. 1 DS AFF.NOT FILED (R) for the Respondent(s) No. 2,3

============================================= CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA and HONOURABLE MR. JUSTICE M. R. MENGDEY Date : 01/07/2023 FARAD (PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA)

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 14.05.2023 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