High Court of Gujarat

NITESHBHAI SHETANSINH MINEKARversusSTATE OF GUJARAT

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

Holding

The application is dismissed because the cause of action does not survive due to the prior PASA order.

Summary

The petitioner, Niteshbhai Shetansinh Minekar, filed a Special Criminal Application before the Gujarat High Court seeking relief against the State of Gujarat and others. The Court examined a police report submitted by the Inspector of Sardarnagar Police Station, which disclosed that an order under the Prevention of Anti‑Social Activities (PASA) Act had already been passed against the petitioner, resulting in his arrest and custody. The presence of this existing order raised the question of whether the present application could continue. The Court held that the existence of the PASA order meant the cause of action for the present application no longer existed. Consequently, the Court rejected the application, effectively dismissing the petition. The order was signed by Hon’ble Justices Gita Gopi and L.S. Pirzada on 3 July 2026.

Issues considered

The application is maintainable in view of an existing order under the PASA Act against the petitioner.

Subjects

Special Criminal ApplicationPASA Actarrestcustodyapplication dismissedcause does not survive

Judgment

     R/SCR.A/8733/2026                               ORDER DATED: 03/07/2026




     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/SPECIAL CRIMINAL APPLICATION NO. 8733 of 2026
=================================================
          NITESHBHAI SHETANSINH MINEKAR
                         Versus
              STATE OF GUJARAT & ORS.
=================================================
Appearance:
MR. TEJAS M. MEHTA(19123) for the Applicant(s) No. 1
VISHAL K ANANDJIWALA(7798) for the Applicant(s) No. 1
MR. L.B. DABHI APP for the Respondent(s) No. 1
=================================================
CORAM:HONOURABLE MS. JUSTICE GITA GOPI
        and
        HONOURABLE MR.JUSTICE L. S. PIRZADA

                          Date : 03/07/2026

                                 ORDER

       (PER : HONOURABLE MS. JUSTICE GITA GOPI)


1.     The       report   submitted      by    the   Police       Inspector,

       Sardarnagar Police Station, Ahmedabad City, has been

       produced before the Court.


2.     The report reveals that an order under the PASA Act

       has      already   been   passed        against    the     applicant,

       pursuant to which he has been arrested and taken

       into custody.




                                 Page 1 of 2
     R/SCR.A/8733/2026                                                         ORDER DATED: 03/07/2026




3.      In view of the same, the cause does not survive. Hence,

        the present application stands rejected.




                                                                                      (GITA GOPI,J)



                                                                              (L. S. PIRZADA, J)
DIKSHA

Original copy of this order has been signed by the Hon'ble Judges.
Digitally signed by: DIKSHA HARISH GUSAIN(HC02363), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 03/07/2026 16:19:16




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