PRADEEP RATIRAM PRAJAPATI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned counsels for the respective parties through Video Conferencing.

(2.) This Court has rendered a decision vide order dated 2.3.2020 in Special Civil Application No.20867 of 2019 which reads as under:

(3.) In view of above, I am inclined to allow this petition, because simplicitor registration of FIR/s by itself cannot have any nexus with the breach of maintenance of public order and the authority cannot have recourse under the Act and no other relevant and cogent material exists for invoking power under section 3(2) of the Act. In the result, the present petition is hereby allowed and the impugned detention order dated 19.6.2020 passed by the respondent - detaining authority is hereby quashed and set aside. The detenue is ordered to be set at liberty forthwith if not required in any other case. Direct service is permitted. Rule is made absolute accordingly.