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2014 Supreme(Guj) 349

S.H.VORA
SANJAYKUMAR HUKAMCHAND SHAH – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates:
Advocate Appeared
MR VIRAL V DAVE, ADVOCATE for the Petitioner(s) No. 1
MS ASMITA PATEL, AGP for the Respondent(s) No. 1
NOTICE SERVED BY DS for the Respondent(s) No. 2

JUDGMENT

1. By way of this petition under Article 226 of the Constitution of India, the petitioner challenges the legality and validity of the order of detention dated 14.1.2014 passed by the respondent No.2 in purported exercise of powers under Sub-Section (2) of Section 3 of the Gujarat Prevention of Anti-Social Activities Act, 1985 (for short, the 'Act') at predetention stage.

2. Brief facts as arising from the petition are that an F.I.R. being C.R.No. 318 of 2013 for the offences punishable under Sections 323, 325, 114 and 188 of the Indian Penal Code on 7.12.2013 before Limbayat police station. It is alleged in the complaint that the accused, after keeping grudge in mind with the help of other persons have beaten up the complainant by giving stick blows and kick blows. Thereafter, the petitioner was arrested and released on regular bail on 30.12.2013.

3. Upon serious apprehension that the order of detention has already been passed against the petitioner, the present petition is preferred.

4. An affidavit-in-reply is filed by the respondent No.2 contending that the petition filed by the petitioner is not maintainable under the law. In the said reply, it is stated by the respondent

















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