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2024 Supreme(Guj) 167

A. Y. KOGJE, SAMIR J. DAVE
Akash @ Raja Shyamkumar Chaturvedi Through Rohan Shyamkumar Chaturvedi – Appellant
Versus
Commissioner Of Police, Ahmedabad City – Respondent


Advocates Appeared:
For the Petitioner: Mr. Sanjay Prajapati.
For the Respondent: Mr. Jeenal Acharya, AGP.

JUDGMENT :

(A.Y. Kogje, J.)

1. This petition under Article 226 of the Constitution of India is filed for the following reliefs;

    “(A) Your Lordships be pleased to kindly admit and allow this petition.

(B) Your Lordships be pleased to issue a writ of mandamus or any other appropriate writ, direction or order quashing and setting aside the impugned order of detention dated 06.09.2023 passed by the respondent No.1 at Annexure-A herein and further Your Lordships be pleased to issue a writ of habeas corpus or any other appropriate writ directing the respondent authority to release the petitioner detenu forthwith from detention.”

2. Learned advocate for the petitioner submitted that though the grounds of detention indicate that the detaining authority has relied upon three IPC offences; however, the gap between the said three offences are of more than four months and therefore, it cannot be said that the petitioner has continuously indulged in the offence.

3. Learned advocate submitted that the petitioner was enlarged on regular bail in the month of July 2023, but the detention order was pa

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