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2017 (11) TMI 162 - HC - Indian LawsChallenging the detention order - offence under under Section 3 (1) of COFEPOSA Act - Held that:- With the ground already having been considered and rejected by the Court which has been affirmed by the Supreme Court, it is not possible for this Court to permit the Petitioner to again urge the same ground for questioning the same detention order. As regards the representation made by the Petitioner on 6th September, 2017 not having been considered and rejected by the Detaining Authority, the Court does not appreciate how this affects the validity of the detention order dated 10th October, 2016. Although it would be open to the Petitioner to make repeated representations, the ground on which the representation was made was only that the co-detenue's detention had been quashed. That ground was, for reasons already noted, not available to the Petitioner. As regards the delay in the detention order being served on the husband of the Petitioner, the counsel for the Petitioner was unable to explain what prevented the Petitioner from urging this ground when the earlier writ petition was filed. Even in the additional affidavit filed, there has been no explanation why such a ground could not have been urged earlier. Unless the Court is satisfied that the Petitioner was prevented for some valid reason from urging such ground, it will not be open to the Petitioner to have a second round of litigation to question the same detention order when the first round of challenge has ended in dismissal of a writ petition. As regards the acquittal of Mr. Raju Arora for the offences under Section 174 and 175 of IPC, the Court does not think it provides the Petitioner with any valid ground to challenge the impugned detention order. The Court is not satisfied that the Petitioner has made out any ground for a second shot at challenging the detention order dated 10th October, 2016. Writ petition is accordingly dismissed.
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