The petition was disposed of as withdrawn after the respondent submitted that no detention order was passed against the petitioner. No substantive legal issue was decided in this order.
Permission granted to withdraw the petition; disposed of as withdrawn.
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C/SCA/20346/2022 ORDER DATED: 13/12/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 20346 of 2022
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MANISHKUMAR S/O SHANKARLAL RAO @ MARWADI THROUGH HIS BROTHER SUNILKUMAR S/O SHANKARLAL RAO
Versus STATE OF GUJARAT
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Appearance: MR. KISHAN H DAIYA(6929) for the Petitioner(s) No. 1 MR TRUPESH KATHERIA AGP ADVANCE COPY SERVED TO GOVERNMENT PLEADER/PP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR. JUSTICE S.H.VORA and HONOURABLE MR. JUSTICE RAJENDRA M. SAREEN
Date : 13/12/2022
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE S.H.VORA)
Learned AGP produces on record communication dated 03/12/2022 received from Detective PSI, CID Crime, Surat & communication dated 29/11/2022 received from PI, Sarthana Police Station, Surat before this Court, whereby it is communicated to the office of the Government Pleader that neither any proposal is received nor any detention order has been passed against the petitioner with regard to the FIR/s described in para-2 of the petition. The said communication is ordered to be taken on record. Under the circumstances, learned advocate for the petitioner seeks permission to withdraw the present petition at this stage. Permission is granted. The petition stands disposed of as withdrawn.
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C/SCA/20346/2022 ORDER DATED: 13/12/2022
It is clarified that the detaining authority shall not detain the petitioner under the PASA Act on account of FIR/s as mentioned in the aforesaid communication, as also described in the petition, as aforesaid. However, the competent authority is at liberty to initiate proceeding under the PASA Act against the petitioner in respect of other offences, if any, registered and incriminating materials found and made available after the disposal of present petition.
(S.H.VORA, J)
(RAJENDRA M. SAREEN,J)
sompura
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Manishkumar S/O Shankarlal Rao @ Marwadi
State of Gujarat
S.H. Vora
Rajendra M. Sareen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
