High Court of Gujarat

PARBAR @ PABO RAJUBHAI KODIYATARversusSTATE OF GUJARAT

Disposal: 31-NOTICE DISCHARGED @ ADM.STAGE
Bench: N S SANJAY GOWDAD M VYAS

Holding

The petition was dismissed as the relief sought became unnecessary due to the absence of any proposal to invoke the PASA Act.

Summary

Parbar @ Pabo Rajubhai Kodiyatar filed a special criminal application seeking the court's direction to invoke the provisions of the PASA Act and order his detention. The Additional Public Prosecutor informed the court that there was no current proposal to invoke the PASA Act against the petitioner. The court considered whether the petition remained justiciable in the absence of any governmental action. Relying on the prosecutor's statement, the judges concluded that the relief sought was no longer necessary. Consequently, the petition was closed and the notice discharged.

Issues considered

Whether the court should entertain a petition for detention under the PASA Act when the prosecution indicates no intention to invoke the Act

Subjects

PASA Actdetentionspecial criminal applicationpetition dismissedHigh Court of Gujarat

Judgment

     R/SCR.A/16642/2025                                                              ORDER DATED: 06/01/2026




                IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CRIMINAL APPLICATION NO. 16642 of 2025
==========================================================
                         PARBAR @ PABO RAJUBHAI KODIYATAR
                                       Versus
                              STATE OF GUJARAT & ORS.
==========================================================
Appearance:
MR KISHAN K NAYI(13080) for the Applicant(s) No. 1
MR CHINTAN DAVE, APP for the Respondent(s) No. 1
==========================================================
  CORAM:HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA
        and
        HONOURABLE MR.JUSTICE D. M. VYAS

                                              Date : 06/01/2026

                       ORAL ORDER
 (PER : HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA)

         Learned Additional Public Prosecutor, on instructions,
submits that there is no proposal at present to invoke the
provisions of the PASA Act and detain the petitioner. In view
of the said statement, the prayers sought for in the petition
have become unnecessary.

         The petition is, therefore, CLOSED.
         Notice is discharged.


                                                                                (N.S.SANJAY GOWDA,J)



                                                                                                 (D. M. VYAS, J)
OMKAR
Original copy of this order has been signed by the Hon'ble Judges.
Digitally signed by: OMKAR CHHAGANLAL MAHAWAR(HC00201), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 06/01/2026 14:57:37




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