Akash Madhukar Birhade vs The State Of Maharashtra And Others

ik-199476760 Bombay High Court 16 December 2024 • WRIT PETITION NO.1753 OF 2024; Criminal Appeal (Arising out of SLP (Crl.) No.12516 of 2024 • 9 min read

Judges (2)

Counsel (2)

Parties (2)

Case Significance

Akash Madhukar Birhade vs The State Of Maharashtra And Others is a Bombay High Court decision dated December 16, 2024 (citation: ik-199476760). The petitioner challenged his preventive detention under the Maharashtra Prevention of Dangerous Activities Act (MPDA) on the basis of four offences registered at Yawal Police Station, Jalgaon. The Court found that the offences at most constituted a law and order situation, not disturbance to public order, and there was no material to categorize the petitioner as a dangerous person or bootlegger, applying the Supreme Court decision in Arjun Gaikwad (2024). The detention order, approval order, The bench comprised Justices Rohit W. Joshi and Vibha V. Kankanwadi. The judgment was delivered by Justice Vibha V. Kankanwadi. Counsel appearing: A.V. Lavte (counsel for respondent), H.P. Randheer (counsel for petitioner).

Summary

The petitioner challenged his preventive detention under the Maharashtra Prevention of Dangerous Activities Act (MPDA) on the basis of four offences registered at Yawal Police Station, Jalgaon. The Court found that the offences at most constituted a law and order situation, not disturbance to public order, and there was no material to categorize the petitioner as a dangerous person or bootlegger, applying the Supreme Court decision in Arjun Gaikwad (2024). The detention order, approval order, and confirmation order were quashed, and the petitioner was directed to be released forthwith.

What was the outcome of Akash Madhukar Birhade vs The State Of Maharashtra And Others?

The petitioner challenged his preventive detention under the Maharashtra Prevention of Dangerous Activities Act (MPDA) on the basis of four offences registered at Yawal Police Station, Jalgaon. The Co...

Judgment

Read the full judgment on the official India Courts portal.

Read on Indian Kanoon

Source: Indian Kanoon (ik-199476760)