The applicant challenged a pre-detention order. The Court noted the detaining authority communicated no proposal for detention regarding the current FIR. The petition thus did not survive and was disposed of with the rule made absolute.
The present petition is disposed of and Rule is made absolute. Direct service is 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/449/2018 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 449 of 2018
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ROHIT RAMDAS YADAV
Versus DISTRICT MAGISTRATE
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Appearance:
MR SANJAY PRAJAPATI(3227) for the PETITIONER(s) No. 1 ADVANCE COPY SERVED TO GOVERNMENT PLEADER/PP(99) for the RESPONDENT(s) No. 2
DS AFF.NOT FILED (R)(71) for the RESPONDENT(s) No. 1,3 RULE SERVED BY DS(65) for the RESPONDENT(s) No. 1,2,3 MS.VRUNDA SHAH, AGP for the RESPONDENT(s) No. 2
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CORAM: HONOURABLE MR.JUSTICE S.G. SHAH
Date : 15/03/2018
ORAL ORDER
Learned AGP is in receipt of communication dated 15.03.2018 from the P.I., Adalaj Police Station, 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 FIR being I-C.R.No.151 of 2017 with Adalaj 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 made absolute. Direct service is permitted.
(S.G. SHAH, J)
VARSHA DESAI
Page 1 of 1
2 issues framed by the court
Whether a pre-detention petition survives when the detaining authority declares no proposal to detain the petitioner.
Whether the competent authority retains liberty to initiate proceedings under the PASA Act for other offences.
1 provisions across 1 enactments
ROHIT RAMDAS YADAV
DISTRICT MAGISTRATE
S.G. SHAH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
