Rubinabi @ Rubbo Abdulkahar Shekh vs State Of Gujarat

1. The present petition, has been filed by the petitioner apprehending his detention under the provisions of Gujarat Prevention of Anti Social Activities Act, 1985 (hereinafter referred to as the 'Act of 1985') on account of the First Information Report bearing C.R.No.11210055200624 of 2020 registered with Salabatpura Police Station, Surat for the offences under Sections 302, 307, 143, 147, 148, 149, 120B of the Indian Penal Code and Section 135 of the Gujarat Police Act.

2. According to the petitioner, except the registration of the First Information Report, there is no material available with the competent authority to detain the petitioner under the provisions of the Act of 1985. It is submitted that except the present First Information Report, there is no other offence registered against the petitioner. It is submitted that the apprehension of passing the order of detention is the present First Information Report. Therefore, the apprehension voiced by the petitioner is found to be genuine and the petitioner is required to be protected.

C/SCA/10017/2020 ORDER

3. Hence, Rule. Mr. Jayneel Parikh, learned Assistant Government Pleader waives service of notice of rule on behalf of the respondent No.1.

4. It is clarified that that the petitioner is protected only with respect to the present First Information Report mentioned in the aforementioned paragraph. The competent authority will be at liberty to take suitable action against the petitioner in respect of other offences, if any registered. The learned Assistant Government Pleader is directed to place on record the detention order, if any, passed against the petitioner for the court's perusal.

5. Registry is directed to communicate the copy of this order to the respondent Nos.2 and 3 through e-mail/fax.

(SANGEETA K. VISHEN,J) RAVI P. PATEL Page 2 of 2 Downloaded on : Fri Aug 28 03:53:09 IST 2020