Dismissed

Ibrahim Rauf Shaikh v. State of Gujarat

Gujarat HC16 Oct 2018SCA/2540/2018

Case brief

AI extract

What is this about?

The High Court of Gujarat dismissed as not pressed a petition filed by a petitioner apprehending detention under the Pre-Armed Special Act. The court noted the detaining authority informed the court of no proposal for detention, prompting the petitioner's advocate to withdraw the petition. The discharge of the rule and vacation of interim relief were consequensed.

What did the court decide?

Petition dismissed as not pressed; Rule discharged; Interim relief granted earlier vacated.

Ibrahim Rauf Shaikh Vs State of Gujarat — Pension and Retirement Benefits | Gujarat HC (2018)

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C/SCA/2540/2018 ORDER

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/SPECIAL CIVIL APPLICATION NO. 2540 of 2018

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IBRAHIM RAUF SHAIKH

Versus

STATE OF GUJARAT

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Appearance:

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MR GAJENDRA P BAGHEL(2968) for the PETITIONER(s) No. 1 DS AFF.NOT FILED (R)(71) for the RESPONDENT(s) No. 2,3 GOVERNMENT PLEADER(1) for the RESPONDENT(s) No. 1

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CORAM: HONOURABLE MR.JUSTICE A.J. SHASTRI

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Date : 16/10/2018

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ORAL ORDER

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1. The present petition is filed under apprehended action of detention by the authority. The Court on 14/02/2018 was pleased to issue Rule making it returnable on 25/04/2018 and in the meantime directed the authority not to take coercive steps. Subsequently, when the matter has come up for hearing on 16/08/2018 , learned Assistant Government Pleader placed on record three communications dated 16/08/2018, indicating that there is no proposal of detention of the present petitioner under the PASA in respect of I-CR No. 18 of 2018 and I-CR No. 16 of 2018 registered with Mahidharpura Police Station , I-CR No. 28 of 2018 registered with Umra Police Station , I- CR No. 29 of 2018 registered with Khatodara Police Station for the offence mentioned therein. All communications are submitted by Police Inspector, Mahidharpura, Umra and

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Page 1 of 2

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C/SCA/2540/2018 ORDER

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Khatodara Police Station, Surat City, informing the office of the Government Pleader. The communications are taken on record.

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2. Hence, in light of aforesaid communication, Mr.G.P.Baghel, 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 dismissed as not pressed.

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3. Rule is discharged. Interim relief, granted earlier, shall stand vacated . No order as to costs. Direct service is permitted.

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(A.J. SHASTRI, J)

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VISHAL MISHRA

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Ibrahim Rauf Shaikh v. State of Gujarat

Case brief

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Ibrahim Rauf Shaikh v. State of Gujarat

Case brief

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