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2023 Supreme(J&K) 152

RAJNESH OSWAL
Shabnam Begum Th. Jaffer Hussain – Appellant
Versus
UT of J&K – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Mohsin Bhat, Advocate.
For the Respondent: Ms. Monika Kohli, Sr. AAG.

JUDGMENT :

1. The present petition has been filed by the petitioner for quashing the order of detention bearing No. 01/DM/K/PSA of 2022 dated 07.11.2022 passed by the respondent No. 2, whereby the petitioner has been detained under the J&K Public Safety Act, 1978 (for short ‘PSA’).

2. It is stated that the petitioner has been falsely implicated in FIR No. 232/2022 dated 27.09.2022 for commission of offences under Section 363 and 364 IPC registered with Police Station, Kishtwar. The petitioner was granted bail by the court of learned Principal Sessions Judge, Kishtwar vide order dated 31.10.2022 and after her release on bail, was again arrested on 07.11.2022 under the PSA. It is also averred that the petitioner is a widow and mother of 12 years old son. The petitioner has impugned the order of detention on the following grounds:

    (i) That there is only one FIR bearing No. 232/2022 registered with Police Station, Kishtwar against the petitioner and when the petitioner was granted interim bail vide order dated 31.10.2022, the respondents, instead of contesting the said bail application, issued the order of detention illegally.

(ii) That the petitioner submitted the representation dated 18.

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