ANKUR S/O SITARAMBHAI PATEL THRO. VIPUL PRAHLAD PATELversusSTATE OF GUJARAT
- Disposal
- 56-DISPOSED AT ADMISSION STAGE
- Bench
- GITA GOPIL S PIRZADA
Holding
The petition is premature and therefore disposed of.
Summary
The applicant, Ankur Patel, filed a special criminal application under the PASA Act seeking relief. The Khatodara Police Station report indicated that the applicant was already in judicial custody and that no process under the PASA Act had been initiated. The court examined whether the petition could be entertained in the absence of any pending PASA proceedings. Finding that the petition was premature because the applicant was in custody and no action was proposed, the court held that there was no basis to proceed. Consequently, the court disposed of the petition, leaving the door open for future filing if circumstances change. The order was signed by Justices Gita Gopi and L. S. Pirzada.
Issues considered
- Whether a petition under the PASA Act can be entertained when the applicant is in judicial custody and no process under the Act has been initiated
Legislation cited
Subjects
Judgment
R/SCR.A/9712/2026 ORDER DATED: 10/07/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 9712 of 2026
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ANKUR S/O SITARAMBHAI PATEL THRO. VIPUL PRAHLAD PATEL
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR DIPESH D SONI(9996) for the Applicant(s) No. 1
MR VIKASHKUMAR S PANDEY(11610) for the Applicant(s) No. 1
MS CHETNA M SHAH, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE GITA GOPI
and
HONOURABLE MR.JUSTICE L. S. PIRZADA
Date : 10/07/2026
ORDER
(PER : HONOURABLE MS. JUSTICE GITA GOPI)
The report of Khatodara Police Station is produced on
record stating that the present applicant is in judicial custody
and thus there is no proposal for initiating any process
under the PASA Act.
In view of the report, the petition is premature. Hence,
the present petition stands disposed of. However, if any
change of circumstances, the applicant is permitted to take
legal course in accordance with law.
(GITA GOPI,J)
(L. S. PIRZADA, J)
Manoj Kumar Rai
Original copy of this order has been signed by the Hon'ble Judges.
Digitally signed by: MANOJKUMAR RAI(HC01072), PRIVATE SECRETARY, at High Court of Gujarat on 10/07/2026 15:52:13
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