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) 596

A. S. SUPEHIA, D. A. JOSHI
IRFAN @ MUNNU S/O ATHAR @ ATTAR KHAN PATHAN – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: RAFIK LOKHANDWALA.
For the Respondent: JAY MEHTA.

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 27.01.2023 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 (c) of the Act.

3. Mr. Aditya Pancholi learned advocate for Mr. Rafik Lokhandwala, 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. 11210050221228 of 2022 registered with the Rander Police Station for the offence punishable under Sections 392, 394 and 34 of the Indian Penal Code and (ii) C.R. No. 11210050230061 of 2022 registered with the Rander Police Station for the offence punishable under Sections 380, 457 and 114 of the Indian Penal Code respectively by itself cannot bring the case of the detenu within the purview of definition under section 2 (c) of the Act. Learned

          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