BACHUBHAI BHIKHABHAI KUCHHADIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This Civil Application is filed by the applicant - original petitioner for the purpose of seeking suspension of order of detention dated 02.05.2020, bearing No. DM/ PASA/Case/4/2020 passed by respondent no. 2 - authority during the pendency of the main petition.

(2.) The background of the main petition is that the present petitioner is serving as a Sarpanch of Village Mitrana Gram Panchayat continuously for six consecutive terms and is a permanent resident of the village. It has been stated by the petitioner that he has been wrongly involved in a complaint being FIR lodged before the Naval Bandar Police Station for the offences punishable under Sections 188, 186, 504, 506(2) and Section 115 of the Indian Penal Code read with Section 135 of the Gujarat Police Act as well as under Section 51(b) of the Disaster Management Act, 2005, which was registered as C.R. No. 1 (Part-A) No. 11216005200159 of 2020 dated 30.04.2020 with respect to the alleged occurrence of incident dated 29.04.2020. With respect to these offences an order of detention is passed by the authority for which, the petitioner has preferred a substantive petition challenging the order of detention in which the Court has passed the following order :-

(3.) To meet with these contentions, Mr. Utkarsh Sharma, learned Assistant Government Pleader has vehemently opposed this application mainly on the ground that granting of such kind of relief would tantamount to grant of final relief at this stage without examining or adjudication at length. It has been submitted by Mr. Sharma, learned AGP as per his specific instructions from the authority concerned, the applicant is now comfortable physically and there is no medical emergency exists and within a day or two, he would be discharged from the hospital. The authority will take appropriate care about his medication and as such, no undue sympathy be shown to the applicant.