MOHAMMAD HARUN S/O MOHAMMAD AAIYUB YAKUB ANSARIversusSTATE OF GUJARAT
- Disposal
- 28-REJECTED @ ADM.STAGE
- Bench
- GITA GOPIL S PIRZADA
Holding
The application was rejected because the cause of action did not survive due to pending PASA proceedings.
Summary
The applicant, Mohammad Harun, filed a Special Criminal Application seeking relief. The Police Commissioner of Ahmedabad submitted a report indicating that criminal proceedings under the Prevention of Anti-Social Activities (PASA) Act had already been initiated against him, leading to his arrest and remand. The Court examined whether the pending PASA proceedings affected the viability of the Special Criminal Application. It held that the existence of an ongoing case under the PASA Act meant the cause of action for the present application could not survive. Consequently, the Court rejected the application.
Issues considered
- Whether a Special Criminal Application can proceed when the applicant is already subject to proceedings under the PASA Act
Subjects
Judgment
R/SCR.A/8713/2026 ORDER DATED: 03/07/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 8713 of 2026
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MOHAMMAD HARUN S/O MOHAMMAD AAIYUB YAKUB
ANSARI
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR.MUFIZAHMED KADRI(7283) for the Applicant(s) No. 1
MR. L.B. DABHI 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 : 03/07/2026
ORDER
(PER : HONOURABLE MS. JUSTICE GITA GOPI)
A report on behalf of the Police Commissioner,
Ahmedabad City, has been produced on record. The report
indicates that proceedings under the PASA Act have been
initiated against the applicant, pursuant to which he has been
arrested and remanded to custody.
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 16:18:15
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