Back
M. K. THAKKER
Jitubhai Mohanbhai Kuhada – Appellant
Versus
State Of Gujarat – Respondent
| Table of Content |
|---|
| 1. factual basis for quashing fir (Para 1 , 2) |
| 2. applicant's arguments against fir validity (Para 4) |
| 3. state's arguments supporting fir (Para 5) |
| 4. court's analysis on order revocation (Para 6 , 8 , 9 , 10 , 11 , 12) |
| 5. final decision to quash fir (Para 13) |
JUDGMENT :
(M.K. Thakker, J.)
1. By way of this application, present applicant is seeking to quash the FIR being II-C.R.No.3023 of 2001 registered with Veraval City Police Station for the offencs punishable under Sections 8 (2)(b) and (c) of the Gujarat Prevention of Anti-Social Activities Act, 1985 (‘the PASA Act’ hereinafter). The applicant had also challenged the charge-sheet and other proceedings pursuant thereto contending that the same would amount to sheer abuse of process of Court and Law.
2. Brief facts leading to the present application are as follow:
2.1. It is the case of the prosecution that the order under Section 2 (c) of the PASA Act was passed against the present applicant on 25.05.1998. The order could not be executed as the applicant was not traceable and was absconding therefore, the proceedings under Sections 82 and 83 of the Code of Criminal Procedure, 1973 came to be initiated. However, at the
Revocation of detention order passed under COFEPOSA is not contemplated on a statement given on behalf of Union of India.
The timing for raising issues regarding absence or vitiation of sanction is crucial, and a mere error, omission, or irregularity in sanction is not fatal unless it results in the failure of justice o....
The preventive detention order was upheld, affirming that procedural delays in representation handling did not violate constitutional mandates under Article 22(5).
Proposed accused must be heard in revision against Magistrate's rejection of Section 156(3) CrPC application; no prejudicial order without opportunity under Section 401(2), applicable to Sessions Jud....
Point of law : The rule of construction laid down in Section 8 of the General Clauses Act, 1897 also requires that reference to the repealed enactment made in any instrument be construed as reference....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
