ATIKHUSAIN SAFDARHUSAIN MALEK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present petition under Article 226 of the Constitution of India is filed for the purpose of seeking following reliefs:"

(2.) It is the case of the authority that on account of the offences which are registered against the petitioner, as reflecting in Para.3.1 and 3.2 of the memo of petition, the petitioner is apprehending that by assuming that the petitioner is involved in such kind of activities on account of which he can be only prevented by passing an order of detention and, therefore, by referring to these particulars about two offences, the petition is brought before this Court at pre execution stage in invoking extraordinary jurisdiction of this Court.

(3.) When the matter is taken up for hearing on 10.7.2018, the Court issued notice making it returnable on 17.7.2018 and subsequently, on 24.7.2018 when the learned AGP had no instruction, learned advocate for the petitioner has insisted for grant of interim relief till next date of hearing and at that juncture, has categorically stated before the Court that petitioner is arraigned in two offences only. In that also, his name is mentioned and part from that, the petitioner has no criminal antecedent in the recent past. Relying upon this statement, the Court had passed an order of no coercive steps to be taken against the petitioner till next date of hearing.