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 inquiry, it was found that the applicant was not possessing any property or vehicle. Therefore, proclamation was issued under Section 82 of the Code of Criminal Procedure, 1973 declaring the applicant as a proclaimed offender on 06.11.1998.

2.2. As per the provision under Section 8 of the PASA Act it is provided that, if after the procedure under Sections 8 2 , 83, 84 and 85 of the Code of Criminal Procedure, 1973 for issuing proclamation against the person, if a person fails to appear before the authority to execute the order and he can be punished under Section 8 of the PASA Act with the imprisonment for a term, which may extend to 01 year or with fine or with both. Therefore, FIR came to be lodged on 23.03.2001 alleging the offence punishable under Section 8 of the PASA Act being II-C.R.No.3023 of 2001 registered with Veraval City Police Station, which is impugned in the present application.

3. Heard the learned advocate Mr.Harshit Tolia for the applicant and learned Additional Public Prosecutor Ms.M.D.Metha for respondent-State.

4. Learned advocate Mr.Harshit Tolia for the applicant submitted that the applicant is a local resident of Veraval and engaged in the various businesses and is a leading cricketer of Junagadh District and representing Junagadh district Cricket Association at National and International Levels. At the time of passing of order under the PASA Act, he was not present in the Veraval Town and was visiting foreign countries for a long period of time. Under that circumstances, the applicant was not aware about the issuance of the order under the PASA and proceedings in pursuance thereto and therefore, he could neither appear before the authority nor challenge the proceedings initiated under the Code of Criminal Procedure, 1973. It is contended by Mr.Tolia that the applicant came back to Veraval Town on 07.07.2002 and came to know about the order under the PASA Act as well as the proceedings initiated under the PASA Act. Being a law abiding citizen, the applicant has surrendered before the police authority and he was sent to judicial custody. As the order under the PASA Act itself being illegal, it was revoked by the Home Department vide order dated 25.02.2002.

4.1. Learned advocate Mr.Tolia further submitted that when the order under the PASA Act itself was declared nullity and set aside being illegal, the impugned FIR is a consequences of the PASA Act, which would also being a completely nullity in the eyes of law.

4.2. Learned advocate Mr.Tolia further submitted that the sole basis of the FIR is the order passed by the authority to detain the applicant under the provision of PASA Act, now the order itself quashed and set aside by the PASA Board, continuation of the impugned FIR and charge-sheet would be sheer abuse of process o