High Court of Gujarat

UDESINH MAFATSINH VAGHELAversusSTATE OF GUJARAT

Disposal: 28-REJECTED @ ADM.STAGE
Bench: GITA GOPIL S PIRZADA

Holding

The application was rejected as the cause did not survive.

Summary

The petitioner, Udesinh Mafatsinh Vaghela, filed a Special Criminal Application challenging a detention order issued under the Gujarat Prevention of Anti‑social Activities Act on 7 April 2026. The order was based on a report from the District Magistrate of Vav‑Tharad and a communication from the Additional District Magistrate. The petitioner had not yet been arrested pursuant to the detention order at the time of filing the application. The Court examined whether the application could be entertained when the detention order existed but the petitioner remained at liberty. Finding that the cause of action had not survived, the Court held that the application could not proceed. Consequently, the application was rejected.

Issues considered

Whether a Special Criminal Application under the Gujarat Prevention of Anti‑social Activities Act is maintainable when a detention order has been issued but the petitioner has not been arrested

Subjects

detention orderanti‑social activitiesspecial criminal applicationmaintainabilityGujarat law

Judgment

          R/SCR.A/8465/2026                                                              ORDER DATED: 14/07/2026




                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                  R/SPECIAL CRIMINAL APPLICATION NO. 8465 of 2026

   ==========================================================
                                     UDESINH MAFATSINH VAGHELA
                                               Versus
                                      STATE OF GUJARAT & ORS.
   ==========================================================
   Appearance:
   ALPESHSINH B RAJPUT(8982) for the Applicant(s) No. 1
   KARAN Y VYAS(8539) for the Applicant(s) No. 1
   NOTICE SERVED for the Respondent(s) No. 3
   MR KANVA ANTANI, APP for the Respondent(s) No. 1
   UNSERVED WANT OF TIM for the Respondent(s) No. 2
   ==========================================================

      CORAM:HONOURABLE MS. JUSTICE GITA GOPI
            and
            HONOURABLE MR.JUSTICE L. S. PIRZADA

                                                   Date : 14/07/2026

                                        ORDER
                         (PER : HONOURABLE MS. JUSTICE GITA GOPI)
              As per the report of the District Magistrate, Vav-Tharad,
   produced along with communication of learned Additional
   District Magistrate, Vav-Tharad, detention order under the
   Gujarat Prevention of Anti-social Activities Act has been issued
   against the petitioner on 7.4.2026. The applicant is not yet
   arrested pursuant thereto. In view of above, the cause does
   not survive and the application stands rejected.

                                                                                                       (GITA GOPI,J)




                                                                                                (L. S. PIRZADA, J)
   R.S. MALEK


Original copy of this order has been signed by the Hon'ble Judges.
Digitally signed by: RIYAZMIYA SABIRMIYA MALEK(HC00180), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 14/07/2026 15:37:21




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