Search Results for "detention order quashed"

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High Court

Gujarat High Court Allows Petition Challenging Preventive Detention Order for Lack of Material on Public Order Disturbance. The court held that mere registration of FIRs does not justify detention as a 'dangerous person' under Section 2(c) of the Gujarat Prevention of Anti-social Activities Act, 1985 without evidence of impact on public order.

26 Feb 2026

The petitioner, Salimbhai Ishakbhai Sumbhaniya (Muslim), was preventively detained by the District Magistrate, Devbhumi Dwarka, vide order dated 06.01...

High Court

Gujarat High Court Quashes Preventive Detention Order in Prohibition Act Case — No Material to Show Threat to Public Order. Detention under Gujarat Prevention of Anti-Social Activities Act, 1985 set aside as solitary FIR under Prohibition Act and Motor Vehicles Act did not establish disturbance to public order.

16 Jan 2026

The petitioner, Vasharambhai Shedhabhai Khatana, filed a Special Criminal Application under Article 226 of the Constitution of India before the Gujara...

High Court

High Court of Karnataka Allows Writ Petition Quashing Summons Issued Under Section 126 BNSS for Non-Compliance with Procedural Safeguards. The Court Holds That Executive Magistrate Must First Pass Order Under Section 130 BNSS Before Issuing Summons.

15 Dec 2025

The writ petition before the High Court of Karnataka challenged the summons dated 30.09.2025 issued by the Executive Magistrate (Respondent No.3) unde...

High Court

Bombay High Court Quashes Preventive Detention Order for Non-Communication of Grounds in Language Known to Detenue. Failure to Provide Grounds in Hindi or Marathi Violates Article 22(5) of Constitution and Section 8 of MPDA Act, 1981.

13 Oct 2025

The petitioner, Vinod Tuljaram Bandichode, was detained under the Maharashtra Prevention of Dangerous Activities Act, 1981 (MPDA) by an order dated 10...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Non-Application of Mind. Preventive detention set aside as the Detaining Authority failed to consider that the petitioner was already in judicial custody and no credible material showed likelihood of release on bail.

4 Apr 2024

The petitioner, Daksh Juber Ghelani, challenged his preventive detention under the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootle...

High Court

Bombay High Court Quashes Detention Order Under COFEPOSA for Non-Application of Mind and Non-Supply of Vital Documents. Detenu's Right to Make Effective Representation Under Article 22(5) of the Constitution Violated as Statements of Co-Accused Not Supplied.

8 Apr 2015

The petitioner, wife of the detenu Kirti Vanabhai Patel, filed a habeas corpus petition under Article 226 of the Constitution challenging the detentio...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Inordinate Delay in Considering Representation — Right to Make Effective Representation Violated Under Article 22(5) of Constitution. The court held that the failure to consider the detenu's representation expeditiously renders the continued detention illegal, emphasizing the constitutional safeguard under Article 22(5) of the Constitution of India.

30 Jul 2014

The petitioner, Ashish Robert Felix, was detained under Section 3(1) of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, ...

High Court

Bombay High Court Quashes Pre-execution Detention Order Under MPDA Act for Colourable Exercise of Power — Detention Order Set Aside as It Was Passed to Extort Bribe, Not for Public Order. The court held that the detention order was a colourable exercise of power and not for the purpose of maintaining public order, as the alleged incident was a simple quarrel.

19 Jun 2006

The petitioner, Nitin Dattatray Keny, filed a criminal writ petition challenging a detention order dated 31.10.2005 passed by the Commissioner of Poli...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act Due to Non-Application of Mind in Grounds of Detention. The court held that failure to specify the period of detention in the grounds and non-consideration of representation by the detaining authority vitiates the preventive detention order under Section 3(2) of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders and Dangerous Persons Act, 1981.

10 Jan 2006

The petitioner, wife of the detenu Rafiq Sarvar Shaikh @ Rafu, challenged the detention order dated 31/3/2005 passed by the Commissioner of Police, Br...

High Court

Bombay High Court Quashes Cancellation of Detention Certificate in Customs Matter — Procedural Irregularity Cannot Invalidate Substantive Benefit. Detention Certificate Issued by Assistant Collector Held Valid Despite Lack of Signature by Deputy Collector, as Cancellation Without Notice Violates Principles of Natural Justice.

17 Mar 2005

The petitioners, M/s. Bohra Pratisthan and its partner Hemant Bohra, filed a writ petition under Article 226 of the Constitution of India challenging ...

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