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2024 Supreme(Guj) 1353

ILESH J. VORA, VIMAL K. VYAS
Rizwankhan S/O Karimkhan Pathan Through Karimkha Kherulahkhan Khan – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Sahil Y Patel, Mr. Shrenik R Jasani, Mr. Tahir M Khan
For the Respondent: Mr. L.B. Dabhi, AGP

JUDGMENT :

VIMAL K. VYAS, J.

1. The present petition is directed against the order of detention dated 28.12.2023 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’), 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 AGP 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 three FIRs; (i) for the offences under Sections 379(A)(3) and 114 of the Indian Penal Code; (ii) for the offences under Sections 379(A)(3) and 114 of the Indian Penal Code; and (iii) for the offences under Sections 379(A)(3) and 114 of the Indian Penal Code and that by itself cannot bring the case of the petitioner - detenue within the purview of definition under Section 2(c) of the Act. Learned advocate for the petiti

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