SUNITABEN VIJAYBHAI BATUNGE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present petition is filed by the petitioner under Article 226 of the Constitution of India wherein the petitioner has prayed to quash and set aside the order of detention which is likely to be passed against her. In the petition, the petitioner has specifically stated on affidavit that on the basis of solitary FIR which has been registered on 23/12/2022 against the petitioner, the respondent - detaining authority is likely to pass the order of detention against her. It is also stated that in past, the detaining authority has passed an order of detention against the petitioner which was quashed and set aside by this Court. The petitioner stated that for the said purpose, she filed petition being Special Civil Application No.16053 of 2018 before this Court.

(2.) Learned advocate appearing for the petitioner, on the basis of the averments made on affidavit by the petitioner in the memo of petition, has specifically stated that except aforesaid solitary FIR registered in December 2022, no other FIR has been registered against the petitioner after the year 2018.

(3.) When this Court asked the learned Assistant Government Pleader to take instructions, he has produced on record a copy of the communication dtd. 20/1/2023 wherein it has been specifically stated that even after the year 2018, the two FIRs have been registered against the petitioner in the year 2019 and third FIR has been registered in the year 2020. The present one i.e. fourth FIR is registered against the petitioner in the year 2022. Thus, from the aforesaid written communication, it appears that the petitioner has suppressed the material facts and made wrong averments on affidavit with a view to misguide this Court.