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2023 Supreme(Bom) 2220

REVATI MOHITE DERE, GAURI GODSE
Mohsin Anwar Khan – Appellant
Versus
Commissioner of Police – Respondent


Advocates appeared:
Ibrahim Shaikh, Advocate, Ashraf Ali Shaikh, Advocate, S.D.Shinde, Advocate

JUDGMENT/ORDER

GAURI GODSE, J. - This petition is filed to challenge the order of detention dtd. 24/2/2023, passed by respondent No.1 - The Commissioner of Police, Pune, in the exercise of power conferred under sub-sec. (2) of Sec. 3 of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders, Dangerous Persons, Video Pirates, Sand Smugglers and Persons engaged in Black-marketing Essential Commodities Act, 1981 ('MPDA Act') for detaining the petitioner.

2. Perusal of the order of detention indicates that the detaining authority has relied upon C.R No. 516 of 2022, dtd. 4/11/2022, registered against the petitioner for the offences punishable under Secs. 307, 504, 506 of the Indian Penal Code and under Secs. 37(1)(3)/135 of Maharashtra Police Act and under Sec. 4(25) of the Arms Act. The allegations against the petitioner in the said CR are that the petitioner had abused and threatened the complainant and tried to assault the complainant by using weapons. In the said CR, the allegation against the petitioner is that when the complainant was returning home, he saw the petitioner with an axe trying to assault a local resident and when the complainant q

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