Mohsinbhai Irfanbhai Chhalotiya vs State Of Gujarat on 31 January, 2019

[Cites 3, Cited by 2]

Gujarat High Court

Mohsinbhai Irfanbhai Chhalotiya vs State Of Gujarat on 31 January, 2019

Bench: S.H.Vora

        C/SCA/1871/2019                               ORDER



         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

         R/SPECIAL CIVIL APPLICATION NO. 1871 of 2019
==========================================================
              MOHSINBHAI IRFANBHAI CHHALOTIYA
                            Versus
                      STATE OF GUJARAT
==========================================================
Appearance:
MR.WASIM M PATHAN(6802) for the PETITIONER(s) No. 1
for the RESPONDENT(s) No. 2,3
MR PRANAV TRIVEDI, AGP for the RESPONDENT(s) No. 1
==========================================================

 CORAM: HONOURABLE MR.JUSTICE S.H.VORA

                          Date : 31/01/2019

                            ORAL ORDER

1. Notice returnable on 25.02.2019. 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 F.I.R/s. as described in para 1 of the petition.

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 apprehends detention on account of registration of offence under the provisions of IPC and, therefore, apprehension of the petitioner is well-founded and liberty of the petitioner is required to be protected.

Page 1 of 2 C/SCA/1871/2019 ORDER

5. It is made clear that the petitioner is protected only in respect of the FIR/s as mentioned in the aforementioned para. The competent authority is at liberty to take suitable action against the petitioner in respect of offences, other than mentioned in the said para, 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) SATISH Page 2 of 2

Unlock Advanced Research with PRISMAI

Gujarat High Court