SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2023 Supreme(Guj) 505

A. S. SUPEHIA, D. A. JOSHI
Jivanbhai Nathabhai Jogarana (Bharvad) Through His Brother Bhupendrabhai Nathabhai Jogarana – Appellant
Versus
Commissioner Of Police – Respondent


Advocates:
Advocate Appeared:
For the Appellant :MR VICKY B MEHTA(5422) for the Petitioner(s) No. 1
For the Respondent: MR. ASHUTOSH DAVE

JUDGMENT :

D.A. JOSHI, J.

1. Heard learned advocates appearing for the respective parties.

2. The present petition is directed against order of detention dated 16.01.2023 passed by the respondent– detaining authority in exercise of powers conferred under section 3 (1) of the Gujarat Prevention of Anti Social Activities Act, 1985 (for short “the Act”) by detaining the petitioner – detenu as defined under section 2 (g-a) of the Act.

3. Mr. Vicky B. Mehta, learned advocate for the detenu submitted that the impugned order of detention of the detenu requires to be quashed and set aside, because registration of two FIRs being (i) C.R. No. Part-A- 11196035230028 of 2023 for the offence punishable under Sections 384, 323, 294(b), 506(2) and 114 of the Indian Penal Code and Sections 40 and 42 of the Gujarat Moneylenders’ Act and (ii) C.R. No. Part-A- 11196035230033 of 2023 for the offence punishable under Sections 384, 506(1) and 114 of the Indian Penal Code and Sections 40 and 42 of the Gujarat Moneylenders’ Act by itself cannot bring the case of the detenu within the purview of definition under section 2 (g-a) of the Act. Learned advocate for the petitioner further submitted that illegal acti

          Click Here to Read the rest of this document
          1
          2
          3
          4
          5
          6
          7
          8
          9
          10
          11
          SupremeToday Portrait Ad
          supreme today icon
          logo-black

          An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

          Please visit our Training & Support
          Center or Contact Us for assistance

          qr

          Scan Me!

          India’s Legal research and Law Firm App, Download now!

          For Daily Legal Updates, Join us on :

          whatsapp-icon telegram-icon
          whatsapp-icon Back to top