LAWS(GJH)-2024-3-220

SAMIRKHAN ALIAS SAMIR BHAJIYO Vs. STATE OF GUJARAT

Decided On March 21, 2024
Samirkhan Alias Samir Bhajiyo Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India is filed with prayers as under:

(2.) The present petition is directed against order of detention dtd. 3/10/2023 passed by the respondent - detaining authority in exercise of powers conferred under Sec. 3(2) of the Gujarat Prevention of Anti Social Activities Act, 1985 (for short "the Act") by detaining the petitioner - detenue as defined under Sec. 2(c) of the Act.

(3.) Essentially challenge is made to the order of detention dtd. 3/10/2023 by the Police Commissioner, Surat City detaining the petitioner as 'Dangerous Person' by relying upon two FIR registered against the petitioner as IPC offences are of such nature, which cannot be said to be offence disturbing the public order, but are arising out of private disputes between the complainant and the petitioner.