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2023 Supreme(Guj) 570

A. S. SUPEHIA, D. A. JOSHI
Vikas Ramdulare Gupta – Appellant
Versus
Commissioner of Police – Respondent


Advocates Appeared:
For the Petitioner: Hardikkumar D. Rao, Vatsal S. Parikh.
For the Respondent: Mr. Jay Mehta, Ld. Asst. Government Pleader.

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 18.1.2023 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 (c) of the Act.

3. Learned advocate for the detenu submitted that the impugned order of detention of the detenu requires to be quashed and set aside because the detaining authority has passed order of detention solely on the ground of registration of two FIRs being (i) C.R. No.11210045230191 of 2023 registered with the Pandesara Police Station for the offences under Sections 325, 323, 504, 506(2) and 114 of the Indian Penal Code and Section 135 (1) of the Gujarat Police Act and (ii) C.R. No.11210045230202 of 2023 registered with the Pandesara Police Station for the offences under Sections 323, 504, 506(2) and 114 of the Indian Penal Code by itself cannot bring the case of the detenu within the purview of definition under section 2 (c) of the Act. Learned advocate for the petit

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