Gujarat High Court
Raju Bhagirathsing Rajput vs State Of Gujarat & 2 on 29 August, 2017
Author: S.H.Vora
Bench: S.H.Vora
C/SCA/15819/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 15819 of 2017
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RAJU BHAGIRATHSING RAJPUT....Petitioner(s)
Versus
STATE OF GUJARAT & 2....Respondent(s)
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Appearance:
MR DARSHAN P DAVE, ADVOCATE for the Petitioner(s) No. 1
MR SHIRISH GOHIL AGP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE S.H.VORA
Date : 29/08/2017
ORAL ORDER
1. Notice returnable on 01.11.2017. Learned A.G.P. waives service of notice for the respondent State.
2. By way of the present petition under Article 226 of the Constitution of India, the petitioner apprehends his detention under the provisions of Gujarat Prevention of Anti Social Activities Act, 1985 (for short, the PASA Act) on account of registration of an F.I.R. being C.R.No.I-163 of 2017 registered with Krushnanagar police station under the provisions of the Indian Penal Code.
3. According to the petitioner, except registration of the aforementioned FIR/s, no other material is available with the competent authority to detain the petitioner under the provisions of the PASA Act.
4. Upon perusal of the F.I.R/s., it appears that the petitioner Page 1 of 2 HC-NIC Page 1 of 2 Created On Wed Aug 30 01:24:46 IST 2017 C/SCA/15819/2017 ORDER apprehends his detention on account of registration of offence under the provisions of the Indian Penal Code and, therefore, apprehension of the petitioner is well-founded and liberty of the petitioner is required to be protected. Meanwhile, the respondent - authority shall not detain the petitioner under the provisions of the PASA Act on account of aforementioned offence/s.
5. It is made clear that the petitioner is protected only in respect of the FIR/s as mentioned hereinabove. The competent authority is at liberty to take suitable action against the petitioner in respect of offences, other than mentioned hereinabove, if any, registered and incriminating materials found to detain the petitioner. The learned A.G.P. is directed to place on record the detention order, if any, passed against the petitioner for Court's perusal. Direct service is permitted.
(S.H.VORA, J.) Hitesh Page 2 of 2 HC-NIC Page 2 of 2 Created On Wed Aug 30 01:24:46 IST 2017