This order disposes of a pre-detention petition after the detaining authority confirmed no proposal to detain the petitioner under the PASA Act regarding registered crimes.
Petition disposed of accordingly; Rule answered accordingly; Direct Service permitted.
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/1307/2018 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 1307 of 2018
========================================================== PUNIT ALIAS JONTI ALIAS VIPUL RAVJIBHAI BAGDA
Versus DISTRICT MAGISTRATE RAJKOT DIST
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Appearance:
MR SANJAY PRAJAPATI(3227) for the PETITIONER(s) No. 1 DS AFF.NOT FILED (R)(71) for the RESPONDENT(s) No. 1,3,4 MR. AMIT BAROT, AGP (1) for the RESPONDENT(s) No. 2
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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 11.4.2018 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.I-001/2018 with Dhoraji police station as well as I-35/2016 registered with Upleta 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 pre-detention 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
Page 1 of 1
1 issue framed by the court
Whether a pre-detention petition survives when the detaining authority confirms no proposal to detain the petitioner.
1 provisions across 1 enactments
PUNIT ALIAS JONTI ALIAS VIPUL RAVJIBHAI BAGDA
DISTRICT MAGISTRATE RAJKOT DIST
S.G. SHAH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
