Dismissed

Harshad Manekalal Mandaliya (Soni) v. State of Gujarat

Gujarat HC22 Oct 2018SCA/5222/2018

Case brief

AI extract

What is this about?

Petitioner sought writ relief against apprehended detention under PASA via SCA 5222/2018. Police confirmed no detention proposal existed. Petitioner withdrew petition; court dismissed it as not pressed and vacated interim relief.

What did the court decide?

Petition dismissed; request for detention clarified not to be initiated; interim relief vacated; no order as to costs.

Harshad Manekalal Mandaliya (Soni) Vs… — Constitutional and Fundamental Rights | Gujarat HC (2018)

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C/SCA/5222/2018 ORDER

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/SPECIAL CIVIL APPLICATION NO. 5222 of 2018

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=========================================================

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HARSHAD MANEKALAL MANDALIYA (SONI)

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Versus

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STATE OF GUJARAT

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========================================================= Appearance:

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MR BHAVIN S RAIYANI(3855) for the PETITIONER(s) No. 1 MR DEEPAK ALORIA AGP for the RESPONDENT(s) No. 1 RULE SERVED BY DS(65) for the RESPONDENT(s) No. 2,3

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=========================================================

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CORAM: HONOURABLE MR.JUSTICE A.J. SHASTRI

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Date : 22/10/2018

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ORAL ORDER

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Rule. Mr. Aloria, learned Assistant Government Pleader, waives service of notice of Rule on behalf of the respondent- State.

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The present petition is filed under apprehended action of detention by the authority. The Court on 06.04.2018 was pleased to issue notice making it returnable on 23.07.2018 and in the meantime directed the authority not to take any coercive steps. Subsequently, when the matter has come up for hearing on 22.10.2018, learned Assistant Government Pleader placed on record a communication dated 21.10.2018 indicating that there is no proposal of detention of the present petitioner under the PASA in respect of Prohibition CR No. 5039 of 2018 registered with Bamanbor Police Station for the offences mentioned therein. The said communication is submitted by Police Inspector, Surendranagar, informing the office of the Government Pleader, is taken on record.

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Page 1 of 2

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C/SCA/5222/2018 ORDER

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Hence, in light of aforesaid communication, Mr. Raiyani 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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Rule is discharged. Interim relief if any, shall stand vacated. No order as to costs. Direct service is permitted.

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(A.J. SHASTRI, J)

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/phalguni/

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Harshad Manekalal Mandaliya (Soni) v. State of Gujarat

Case brief

What is this about?

What did the court decide?

Harshad Manekalal Mandaliya (Soni) v. State of Gujarat

Case brief

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