DIPAK Vs. STATE

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the respondents. Perused the material available on record.

(2.) Facts in brief are that an order of detention dated 27.03.2012 was passed by the District Magistrate, Bikaner under the provisions of the Rajasthan Prevention of Antisocial Activities Act, 2006 (hereinafter referred to as 'the Act of 2006' for short). However, before the order could be executed, the petitioner challenged the same by filing a writ petition being S.B.Civil Writ Petition No.3981/2012 wherein, initially, an interim stay order was passed by this Court which was extended from time to time. Relying upon the Division Bench Judgment in the case of Sabina Khan v. State of Rajasthan being D.B.Habeas Corpus (Writ) Petition No.9919/2012 whereby, notifications issued by the State Government authorizing the District Magistrates to exercise powers under the Act of 2006 were struck down, the writ petition filed by the petitioner was allowed vide order dated 6.2013 and the order of detention was struck down un-executed without the petitioner ever being actually detained.

(3.) A fresh complaint came to be filed by the Dy. Superintendent of Police, Bikaner against the petitioner under the provisions of Act of 2006 to the District Collector, Bikaner recommending a fresh detention order whereupon, the petitioner has approached this Court by way of this writ petition seeking to preempt and terminate in anticipation, the detention order if any proposed to be passed against him and to restrain the respondents from detaining him under the provisions of the Act of 2006.