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2023 Supreme(Bom) 1894

GAURI GODSE, REVATI MOHITE DERE
Harshad Jivanrao Mundkar – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
Mrs. Aisha Z. Ansari Advocate, for the Petitioner; Ms. M. H. Mhatre, APP for the State.

JUDGMENT

Gauri Godse, J. - This petition is filed to challenge the order dated 25th May 2023 passed by respondent no. 2-Commissioner of Police, Thane in exercise of powers conferred by sub-section (2) of Section 3 of The Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug-offenders and Dangerous Persons, Video Pirates, Sand Smugglers and Persons Engaged in Black Marketing of Essential Commodities Act, 1981 ('MPDA' Act) for detaining, Tirupati @ Atharva Jivanrao Mundkar. Petitioner is the brother of the detenu.

2. Perusal of the detention order indicates that the detaining authority has relied upon a complaint registered against the detenu vide CR No. 388 of 2022 on 1st December 2022 for offences punishable under Sections 324, 323, 504, 506 and 34 of the Indian Penal Code. The allegation against the detenu in the said CR is that though there was no dispute between the complainant and the detenu, he threatened and assaulted the complainant and his brother. It is alleged that the complainant saw the detenu fighting with his parents and brother, however though the complainant ignored the same, the detenu abused the complainant in filthy language and assaulted h

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