Case Note & Summary
The petitioner, Paresh Dhirubhai Dabhi, filed a Special Criminal Application before the Gujarat High Court challenging an order of detention passed against him. During the hearing, the petitioner's counsel placed on record the detention order and submitted that similar detention orders had been passed against co-accused in the same FIRs. The counsel also produced copies of orders in Special Civil Application No.19316 of 2023 and Special Civil Application No.13686 of 2023, wherein this Court had quashed the detention orders against the co-accused. In light of the fact that the detention order against the co-accused had already been quashed, the court held that the impugned detention order in the present case was also required to be quashed on the same grounds. Consequently, the petition was allowed, the order of detention was quashed, and rule was made absolute.
Headnote
A) Preventive Detention - Quashing of Detention Order - Parity - The petitioner challenged an order of detention passed against him. The court noted that the same order of detention against co-accused had already been quashed in Special Civil Application No.13686 of 2023 and Special Civil Application No.19316 of 2023. Held that the impugned order of detention in this case is also required to be quashed on the same grounds. (Paras 1-4)
Issue of Consideration
Whether the order of detention passed against the petitioner should be quashed on the same grounds on which the detention orders against co-accused were quashed.
Final Decision
The petition is allowed. The order of detention in so far as this petition is quashed. Rule is made absolute.
Law Points
- Preventive detention order quashed on grounds of parity where co-accused's detention order already quashed
- Same grounds apply to petitioner
- Order of detention quashed without examining merits
Case Details
2026 LawText (GUJ) (03) 863
R/Special Criminal Application No. 6988 of 2024
N.S.Sanjay Gowda, D. M. Vyas
Nirav C Sanghavi for Applicant, Chintan Dave for Respondent No.1,3
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Nature of Litigation
Criminal application challenging an order of detention.
Remedy Sought
Quashing of the order of detention passed against the petitioner.
Filing Reason
The petitioner was aggrieved by the order of detention passed against him.
Previous Decisions
The same order of detention against co-accused was quashed in Special Civil Application No.13686 of 2023 and Special Civil Application No.19316 of 2023.
Issues
Whether the order of detention against the petitioner should be quashed on the same grounds as those for co-accused.
Submissions/Arguments
Petitioner's counsel placed on record the detention order and orders quashing detention of co-accused, arguing that the same grounds apply.
Ratio Decidendi
Where an order of detention against co-accused has been quashed, the same order of detention against the petitioner must also be quashed on grounds of parity, without examining the merits independently.
Judgment Excerpts
In light of the fact that order of detention passed against the co-accused is already quashed in Special Civil Application No.13686 of 2023 and Special Civil Application No.19316 of 2023, the impugned order of detention in this case is also required to be quashed on the same grounds.
The petition is allowed accordingly. The order of detention in so far as this petition is also quashed. Rule is made absolute.
Procedural History
The petitioner filed Special Criminal Application No.6988 of 2024 challenging an order of detention. During hearing, the court was informed that similar detention orders against co-accused had been quashed in earlier proceedings. The court then quashed the detention order against the petitioner on the same grounds.
