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2007 Supreme(Kar) 227

N.ANANDA, R.GURURAJAN
ADDITIONAL DISTRICT MAGISTRATE AND POLICE COMMISSIONER, HUBLI-DHARWAD CITY – Appellant
Versus
CHANDRAKANT BADDI – Respondent


Advocates:
Sri Udaya Holla,Sri Kiran S. Javali,

JUDGMENT

This review petition is filed seeking an order to review the judgment and order passed in W.P. No. 156 of 2005 and W.P. No.1 of 2006, dated 1-9-2004.

2. Respondent - writ petitioner was detained under the provisions of Goondas Act. The same was challenged before this Court. Statements were filed. Writ petitioner relied on the judgment of the Supreme Court in Commissioner of Police and Another v Gurbux Anandram Bhiryani1. This Court placing reliance on the said judgment has chosen to allow the writ petition in W.P. No. 1 of 2006. The said order is sought to be reviewed in the review petition.

3. Statement of objection is filed by the respondent. It is contended that no case is made out for reviewing the order passed by this Court. Even otherwise, it is contended that the order of detention has come to an end and even if the order has come to an end, petitioner cannot ordered to be taken back to jail in the given circumstances.

4. After hearing, we have carefully perused the material placed on record.

5. Admitted facts would reveal that this Court noticing the judgment in Gurbux Anandram Bhiryani, in para 11 has chosen to allow the writ petition after expressing its views in t






















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