RASHIDBHAI UMARBHAI MALEK Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) LEARNED advocate for the petitioner has brought two affidavits, one by Jyotsnaben, wife of Govindbhai @ Babubhai Basiya being complainant of Bhaktinagar police station C.R. No. I -60/2014 and another by Nareshbhai Naranbhai Jhapda being complainant of Rajkot 'A' Division police station C.R. No. II -23/2014. Both the complainants have in their affidavit in categorical terms stated that they have filed the complaint because of some misunderstanding and in spur of anger after the normal discussion between them and, therefore, they have settled the dispute amicably outside the Court since they are neighbours and want to reside together. It is also categorically stated that there is no apprehension or threat from the petitioner and all the families are residing together in the same locality and, therefore, when there is a compromise between the parties, they do not want to continue with the FIR any further. It is also stated that they are aware that such affidavits are to be produced in this petition. In view of such disclosure, when original complaints are required to be quashed and set -aside because of such affidavits, and when parties have settled the dispute amicably, petitioner cannot be termed as a 'dangerous person' only because of FIR filed against him, more particularly when the dispute is between the neighbours and there is no question of disturbance of public order.

(2.) HEARD learned counsel for the parties.

(3.) LEARNED advocate for the detenu submits that the order of detention impugned in this petition deserves to be quashed and set aside and the ground that the registration of two offences by itself cannot bring the case of the detenu within the purview of definition of "dangerous person" under Section 2(c) of the Act. Learned counsel for the detenu further submits that the illegal activity carried out as alleged, cannot have any nexus or bearing with the maintenance of the public order and at the most it can be said to be breach of law and order. Further, except statements of witnesses and registration of FIRs, no other relevant or cogent material is available on record connecting the alleged anti -social activities of the detenu with breach of the public order.