RAHUL MUKESHBHAI BARIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition is filed by the petitioner under Article 226 of the Constitution of India, in which, the petitioner has prayed that the order of detention, which is likely to be passed against the petitioner, be quashed and set aside.

(2.) Heard learned advocate, Mr. K.K. Joshi for the petitioner and learned AGP Ms. Jyoti Bhatt for the respondents.

(3.) Learned advocate for the petitioner has submitted that six FIRs have been registered against the petitioner under Sections 406, 420, 465, 467, 471 and 114 of the Indian Penal Code and under Sections 66(c) and 66(d) of the Information Technology Act with Cyber Crime Police Station, Ahmedabad, details of which are given in Paragraph Nos.3.2 of the petition. It is submitted that because of the registration of the said FIRs, the petitioner is having apprehension that he will be detained under the provision of the Gujarat Prevention of Anti Social Activities Act, 1985 (hereinafter referred to as "the Act of 1985" for short) and, therefore, the present petition is filed. It is also contended that the case of the petitioner is falling in the Category Nos.III, IV and V as enumerated in Paragraph No.30 of the decision rendered by the Hon'ble Supreme Court in the case of Additional Secretary to the Government of India V/s Alka Gadia, reported in 1992 (Supp) SCC 596. It is, therefore, submitted that this Court is empowered to entertain the present petition at pre-detention/ pre-execution stage.