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2024 Supreme(Guj) 2167

ILESH J. VORA, S. V. PINTO
Rohit S/O Dipakbhai Varde Through Yenuben Dipakbhai Varde – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR KUNAL S SHAH
For the Respondent: MR JAY MEHTA

JUDGMENT :

(PER : HONOURABLE MR. JUSTICE ILESH J. VORA)

1. The present petition is directed against the order of detention dated 22.09.2024 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(ha) 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 one FIR for the offences under Sections 354(A)(1), 506(2) of IPC an under Section 7 and 8 of the Protection from Children from Sexual Offences Act, 2012; and that by itself cannot bring the case of the petitioner - detenue within the purview of definition under Section 2(ha) of the Act. Learned advocate for the petitioner – detenue further submitted that the illegal activities alleged to have

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