High Court of Gujarat

ARYAN ROHIT BHAI PATELversusSTATE OF GUJARAT

Disposal: 56-DISPOSED AT ADMISSION STAGE
Bench: ILESH VORAR T VACHHANI

Holding

The Court disposed of the habeas corpus application as not pressed and directed the police to set the corpus free.

Summary

The petitioner, Aryan Rohit Bhai Patel, filed a special criminal application (habeas corpus) seeking the release of his wife, who was detained by the Vadali Police Station, Sabarkantha. The police submitted a detailed report, which the Court recorded. After hearing the parties, the petitioner’s counsel, Ms. Maitri Patel, indicated that the applicant no longer wishes to press the habeas corpus application and will pursue appropriate proceedings before a competent court. The Court accepted this withdrawal, held that the application was not pressed, and ordered the police to set the corpus free. Consequently, the application was disposed of without further adjudication on the merits of the detention.

Issues considered

Whether the habeas corpus application should be entertained despite the applicant's withdrawal.
Whether the detention of the corpus by the police is unlawful.
Whether the court can order release of the detained person when the application is not pressed.

Subjects

habeas corpusunlawful detentionpolice custodywithdrawal of applicationcriminal procedure

Judgment

     R/SCR.A/2641/2026                           ORDER DATED: 24/02/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/SPECIAL CRIMINAL APPLICATION (HABEAS CORPUS) NO. 2641 of
                            2026

==========================================================
                         ARYAN ROHIT BHAI PATEL
                                  Versus
                         STATE OF GUJARAT & ORS.
==========================================================
Appearance:
MAITRI P PATEL(8126) for the Applicant(s) No. 1
MR CHINTAN DAVE, APP for the Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
       and
       HONOURABLE MR. JUSTICE R. T. VACHHANI

                             Date : 24/02/2026

                        ORAL ORDER
 (PER : HONOURABLE MR. JUSTICE ILESH J. VORA)


1.     We have heard learned advocates Ms. Maitri Patel,
Mr. Amit Chaudhari and Mr. Chintan Dave, learned APP
appearing for the respective parties.

2.     The corpus being wife of the applicant is brought
before this Court by Vadali Police Station, District:
Sabarkantha. The detailed report submitted by the police
is ordered to be taken on record.

3.     In view of the report submitted by the police and
upon formal conversation with the corpus, Ms. Patel,
learned advocate appearing for the applicant, does not
press this application and seeks liberty to *le appropriate
proceeding before the Competent Court in accordance
with law.




                                 Page 1 of 2
      R/SCR.A/2641/2026                                                    ORDER DATED: 24/02/2026




4.        With the aforesaid liberty, present application stands
disposed of as not pressed. The police authority is directed
to set free the corpus.


                                                                                 (ILESH J. VORA,J)




                                                                               (R. T. VACHHANI, J)
TAUSIF SAIYED

Original copy of this order has been signed by the Hon'ble Judges.
Digitally signed by: TAUSIFAHMED SAIYED(HC01401), PRIVATE SECRETARY, at High Court of Gujarat on 24/02/2026 15:13:44




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