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2024 Supreme(Guj) 1696

ILESH J. VORA, VIMAL K. VYAS
PRASHAT @ VIKKI JITENDRASINGH CHAUHAN – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates:
Advocate Appeared:
For the Appellants : ADITYA T. PANCHOLI, P.I. PATHAN.
For the Respondent: DIVYANGNA JHALA.

JUDGMENT :

VIMAL K. VYAS, J.

1. The present petition is directed against the order of detention dated 15.3.2024 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 three FIRs: (i) for the offences under Sections 332, 186, 294(b), 506(2) and 114 of the Indian Penal Code and Section 135(1) of the Gujarat Police Act; (ii) for the offences under Sections 143, 144, 147, 148, 149, 323, 294(b), 506(2) and 427 of the Indian Penal Code and Section 135(1) of the Gujarat Police Act and (iii) for the offences under Sections 307, 294(b), 506(2) and 114, etc, of the Indian Penal Code and Section 135(1) of t

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