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2023 Supreme(Guj) 665

DIVYESH A. JOSHI, A. S. SUPEHIA
Pritesh @ Diku Alpeshbhai Gotecha – Appellant
Versus
State Of Gujarat – Respondent


Advocates Appeared:
For the Petitioner: Mr. Hirenkumar M. Niyalchandani.
For the Respondent: Mr. Jay A. Mehta.

JUDGMENT :

(Divyesh A. Joshi, J.)

1. Heard the learned advocates appearing for the respective parties.

2. The present petition is directed against the order of detention dated 23.02.2023 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– detenue as defined under section 2(c) of the Act.

3. Learned advocate for the detenue submitted that the impugned order of detention of the detenue requires to be quashed and set aside because the detaining authority has passed order of detention solely on the ground of registration of four FIRs, first for the offences under Sections 323, 325, and 114 of the Indian Penal Code and Section 135 of the GP Act, second for the offences under Sections 364A, 143, 147, 148, 149, 323, 324, 504 and 506(2) of the Indian Penal Code, Section 3(2) (5) of Atrocities Act and Section 135(1) of the GP Act, third for the offences under Sections 323, 327, 504 and 506(2) of the Indian Penal Code, fourth for the offences under Section 323, 504 and 114 of the Indian Penal Code and Section 37(1) and 135 of the GP Act

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