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2023 Supreme(Raj) 758

ARUN BHANSALI, RAJENDRA PRAKASH SONI
Beena W/o Late Shri Raghuveer Otwal – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Vikram Barasa, S.D. Chanwariya, Kalu Ram Bhati.
For the Respondents: M.A. Siddiqui, A.R. Malkani.

ORDER :

1. This writ petition in the nature of habeas corpus has been filed by the petitioner-mother of the detenue Vickey Fighter @ Ricky questioning the validity of orders of detention passed under the provisions of the Rajasthan Prevention of Anti-Social Activities Act, 2006 (‘the Act’) dated 30.11.2022 (Annex.2) and 08.12.2022 (Annex.3).

2. It is, inter-alia, indicated in the petition that the Deputy Commissioner of Police (West), Jodhpur sent a communication dated 18.10.2022 (Annex.1) to the District Magistrate, Jodhpur, inter-alia, requesting to order for preventive detention of petitioner’s son under Section 3(1) & (2) of the Act as he is a dangerous person as defined under Section 2(c) of the Act.

3. Based on the said communication, the District Magistrate passed an order on 30.11.2022 (Annex.2) ordering for preventive detention of Vickey Fighter @ Ricky. The order dated 30.11.2022 (Annex.2) was approved by the State Government on 08.12.2022 (Annex.3) as required under Section 3(3) of the Act. Whereafter, the matter was referred to the Advisory Board and the Advisory Board in its meeting dated 11.01.2023 (Annex.R/12) came to the conclusion that detention was in accordance with

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