KALPESH KANTIBHAI KATHERIYA (KATHIRIYA)versusSTATE OF GUJARAT
- Disposal
- 47-DISPOSAL IN ANY OTHER MODE FH
Holding
The petition was disposed of as there was no proposal to detain the applicant under the PASA provision.
Summary
Kalpesh Kantibhai Katheriya filed a Special Criminal Application seeking detention under the Prevention of Anti-Social Activities (PASA) Act. The police from Udhana Police Station submitted an instruction stating that there was no proposal to detain the applicant under PASA. The court noted that, in the absence of any such proposal, the applicant's counsel chose to reserve the right to file a fresh petition and did not press the present application. Accordingly, the judges held that there was no basis for the court to order detention. The petition was therefore disposed of without any order for detention.
Issues considered
- Whether the court should order detention of the applicant under the PASA provision in the absence of a police proposal.
Subjects
Judgment
R/SCR.A/952/2026 ORDER DATED: 20/01/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 952 of 2026
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KALPESH KANTIBHAI KATHERIYA (KATHIRIYA)
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR BM MANGUKIYA(437) for the Applicant(s) No. 1
MS BELA A PRAJAPATI(1946) for the Applicant(s) No. 1
MR. CHINTAN DAVE, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
and
HONOURABLE MR. JUSTICE R. T. VACHHANI
Date : 20/01/2026
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE ILESH J. VORA)
The Instruction received by the Learned APP from the Udhana
Police Station dated 19.01.2026 is taken on record. It reveals that
as such there is no proposal to detain the applicant under the PASA
provision. In such circumstances, Learned Counsel reserving right to
file a fresh petition, does not press this petition. With the aforesaid
liberty, petition stands disposed of accordingly.
(ILESH J. VORA,J)
(R. T. VACHHANI, J)
PARMAR CHIRAG
Original copy of this order has been signed by the Hon'ble Judges.
Digitally signed by: PARMAR CHIRAG KANUBHAI(HC02371), PageENGLISH
1 of 1 STENO GRADE-II\, at High Court of Gujarat on 20/01/2026 16:32:47
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