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High CourtsSingle Bench(2018) 04 J&K CK 0021

DILBAGH SINGH vs STATE OF JAMMU & KASHMIR AND OTHERS

Jammu And Kashmir High Court · Decided on 12 April 2018

HON’BLE JUDGES
JANAK RAJ KOTWAL
RESULT
Disposed Of
CASE NUMBER
HCP No. 60 OF 2017

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Judgment

37 paragraphs · 383 words

S.

No.",Details of FIRs with sections of law.

1.,"Case FIR No. 98/2009 u/s 452/323/34 RPC, 4/25 Miran Sahib

2.,"Case FIR No.9 7/2012 u/s 307/324/201/34 RPC, 4/25 A. Act P/S Bahu

Fort

3.,

4.,"Case FIR No.7 3/2015 u/s 307/341/147/148 RPC, 4/25 A. Act P/S Miran

Sahib

5.,"Case FIR No. 80/2015 u/s 307/147/148 RPC, 3/254/25 A. Act P/S Miran

Sahib

S.

No.",Details of FIRs with sections of law.

1.,"Case FIR No. 98/2009 u/s 452/323/34 RPC, 4/25 Miran Sahib

2.,"Case FIR No.9 7/2012 u/s 307/324/201/34 RPC, 4/25 A. Act P/S Bahu

Fort

3.,"Case FIR No. 43/2014 u/s 323/341 RPC P/S Miran Sahib, Jammu

4.,"Case FIR No.7 3/2015 u/s 307/341/147/148 RPC, 4/25 A. Act P/S Miran

Sahib

5.,"Case FIR No.8 0/2015 u/s 307/147/148 RPC, 3/254/25 A. Act P/S Miran

Sahib

6.,"FIR No. 07/2016 u/s 307/341/323/34 RPC, 3/25 A. Act P/S Miran Sahib

7.,"FIR No. 28/2016 u/s 458/170/449/504/506/34 RPC, 3/15, 4/25 A. Act P/S

Miran Sahib, Jammu

8.,"Case FIR No. 54/2016 u/s 307/341/323/34 RPC, 3/25, 4/25 A. Act

,P/S Miran Sahib Jammu

9.,Case FIR No. 123/2016 u/s 8/21 NDPS Act P/S Bahu Fort Jammu

Safety Act 1978 with immediate effect.â€​,

9.

On plain reading of the two orders of detention passed by the same authority, it can be said without incurring any risk of doubt that the order dated",

15.07.2016, which has been quashed by this Court vide judgment dated 23.03.2017, was virtually repeated by the same detaining authority under a",

new number and date in utter disregard to the earlier order and the judgement of this Court. The passing of the impugned order of detention therefore,",

not only suffers from total non application of mind by the detaining authority but also from illegality of highest order. Having found that the impugned,

order is repetition of the order, which has been earlier quashed by this Court, I would hold that the impugned order of detention is illegal, which is",

liable to be quashed on this score alone without going to the other ground of challenge in the petition.,

10.

Viewed thus, the impugned order of detention No. 05/PSA of 2017 dated 07.06.2017 is quashed and it is ordered that the petitioner/detenue shall",

be released provided he is not required in any other case.,

11.

Record be remitted back to the learned counsel for the respondents.,

12.

Disposed of.,