DHAVAL DINESHBHAI RATHOD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In this petition, which is filed under Article 226 of the Constitution of India, the petitioner has prayed for following reliefs,

(2.) Heard learned advocate, Mr. Bhavin Raiyani for the petitioner and learned AGP Ms. Nidhi Vyas for the respondents.

(3.) Learned advocate for the petitioner submitted that one FIR is registered against the petitioner on 23/11/2022 under the Prohibition Act , wherein the petitioner is shown as accused no.3. Learned advocate submitted that on the basis of the said FIR, the petitioner is apprehending that the order of detention is likely to be passed against the petitioner under the provision of Prevention of Anti Social Activities Act, 1985 (hereinafter referred to as "PASA Act" for short) and, therefore, the petitioner has filed the present petition. Learned advocate, at this stage, has drawn attention of this Court on the order dtd. 9/12/2022 passed by the Coordinate Bench of this Court in the present matter. It is submitted that this Court by the said order issued notice and granted protection to the petitioner. Learned advocate for the petitioner has referred to the averments made in the petition and contended that the father of the petitioner was arrested immediately after the registration of the FIR and during remand, the petitioner has received specific information regarding the order of detention, which is passed against the petitioner and, therefore on the basis of the said apprehension, the petitioner has preferred the present petition. Learned advocate, therefore, urged that this petition be allowed.