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2024 Supreme(Guj) 1267

ILESH J. VORA, VIMAL K. VYAS
Rakeshbhai @ rakya s/o. Prakashbhai wagh – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellants : MR. RAJENDRA D JADHAV
For the Respondent: MR L.B.DABHI, AGP/Appellant

JUDGMENT :

(PER : HONOURABLE MR. JUSTICE VIMAL K. VYAS)

1. The present petition is directed against the order of detention dated 06.01.2024 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’), whereby the respondent - detaining authority has detained the petitioner - detenue as defined under Section 2(c) of the Act.

2. Heard the learned advocate appearing for the petitioner – detenue and learned APP appearing for the respondent – State.

3. Learned advocate for the petitioner - detenue submits that the impugned order of detention is required to be quashed and set-aside since the detaining authority has passed the order of detention solely on the ground of registration of two FIRs; (i) for the offences under Sections 384, 323, 504, 506(2), 114 of the Indian Penal Code and under Section 135 of the Gujarat Police Act; and (ii) for the offences under Sections 323, 504, 506(2), 114 of the Indian Penal Code and under Section 135 of the Gujarat Police Act, respectively, and that by itself cannot bring the case of the petitioner - detenue within the purview of definit

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