Single judge order on withdrawal of petitioner's petition filed under apprehension of detention under PASA Act. Authorities submitted no proposal for detention. Court disposed of petition as not pressed and vacated interim relief.
Interim relief vacated; Petition disposed of as not pressed; Rule discharged.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
C/SCA/1102/2018 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 1102 of 2018
===============================================
RAMESHBHAI @ RAMJI @ RAMAN KARSHANBHAI PANCHAL
Versus
STATE OF GUJARAT
=============================================== Appearance :
S D MANSURI(7509) for the PETITIONER(s) No. 1 DS AFF.NOT FILED (R)(71) for the RESPONDENT(s) No. 2,3,4,5,6 MR.BHARAT VYAS, AGP (1) for the RESPONDENT(s) No. 1 ===============================================
CORAM : HONOURABLE MR.JUSTICE A.J. SHASTRI
Date : 24/10/2018
ORAL ORDER
The present petition is filed under apprehended action of detention by the authority. The Court on 22.01.2018 was pleased to issue Rule making it returnable on 05.04.2018 and in the meantime directed the authority shall not detain the petitioner under the PASA Act on account of the FIRs disclosed in this petition. Today, when the matter has come up for hearing, learned Assistant Government Pleader placed on record communications indicating that there is no proposal of detention of the present petitioner under the PASA in respect of C.R.No.I-15 of 2003 registered with Bapunagar Police Station, Ahmedabad, C.R.No.I-201 of 2003 registered with Bapunagar Police Station, Ahmedabad, C.R.No.I-170 of 2016 registered with Odhav Police Station, Ahmedabad, C.R.No.I-70 of 2017 registered with Sardarnagar Police Station, Ahmedabad and C.R.No.I-30 of 2017 registered with Nadiad (West) Police Station, Kheda for the offences mentioned therein. The said communications are submitted by Police Authorities, informing the office of the Government Pleader that there is no proposal of detention of the
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C/SCA/1102/2018 ORDER
present petitioner under the PASA in respect of offences which are mentioned. The said communications are taken on record.
Hence, in light of aforesaid communications, learned advocate appearing for the petitioner does not press the present petition at this stage. It is clarified that in view of aforesaid instructions since the petition is withdrawn, the detaining authority shall not detain the petitioner under PASA in respect of complaints which are mentioned in the present petition. It is further clarified that this order is restricted to present FIR which is brought before the Court. In view of this, petition stands disposed of as not pressed. Rule is discharged. Interim relief shall stand vacated. No order as to costs.
Direct service is permitted.
(A.J.SHASTRI ,J.)
dharmendra
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1 issue framed by the court
Whether the special civil petition under apprehended action of detention under PASA Act, filed to prevent detention, shall be disposed off on withdrawal of the petition in the absence of any proposal
1 provisions across 1 enactments
Rameshbai @ Ramji @ Raman Karshanbhai Panchal
State of Gujarat
A.J. Shastri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
