Oral order disposing of a special civil petition seeking quashing of a detention order. The Court held the petition does not survive upon authority disclosure of no proposal to detain.
The special civil application was disposed of as it did not survive.
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/1289/2018 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 1289 of 2018
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JIGNESH ALIAS JIGO RAJESHBHAI PARMAR
Versus
STATE OF GUJARAT
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Appearance:
O I PATHAN(7684) for the PETITIONER(s) No. 1 MR. AMIT BAROT, AGP (1) for the RESPONDENT(s) No. 1 RULE SERVED BY DS(65) for the RESPONDENT(s) No. 2,3
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CORAM: HONOURABLE MR.JUSTICE S.G. SHAH Date : 11/04/2018 ORAL ORDER
Learned AGP is in receipt of communication dated NIL from competent authority; copy of which is to be taken on record disclosing that there is no proposal to detain the petitioner. It is clarified that herein after, the detaining authority shall not detain the petitioner under the PASA Act on account of offence/s registered vide C.R.No.III-54/2017 and 20/2018 with Navapura police station. However, the competent authority is at liberty to initiate proceeding under the PASA Act against the petitioner in respect of other offence/s, if any registered and incriminating materials found and made available after the disposal of present petition. In view of such disclosure, the present petition at predetention stage does not survive and hence, it is disposed of accordingly. Rule is answered accordingly. Direct Service is permitted.
(S.G. SHAH, J)
VATSAL S. KOTECHA
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JIGNESH ALIAS JIGO RAJESHBHAI PARMAR
STATE OF GUJARAT
S.G. SHAH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
