JUDGMENT :

1. By way of this application, present applicant is seeking to quash the FIR being II-C.R.No.3023 of 2001 registered with Veraval City Police Station for the offencs punishable under Sections 8(2)(b) and (c) of the Gujarat Prevention of Anti-Social Activities Act, 1985 (‘the PASA Act’ hereinafter). The applicant had also challenged the charge-sheet and other proceedings pursuant thereto contending that the same would amount to sheer abuse of process of Court and Law.

2. Brief facts leading to the present application are as follow:

2.1. It is the case of the prosecution that the order under Section 2(c) of the PASA Act was passed against the present applicant on 25.05.1998. The order could not be executed as the applicant was not traceable and was absconding therefore, the proceedings under Sections 82 and 83 of the Code of Criminal Procedure, 1973 came to be initiated. However, at the inquiry, it was found that the applicant was not possessing any property or vehicle. Therefore, proclamation was issued under Section 82 of the Code of Criminal Procedure, 1973 declaring the applicant as a proclaimed offender on 06.11.1998.

2.2. As per the provision under Section 8 of the PASA