High Court of Gujarat

PRATIK CHIMANBHAI VASAVAversusSTATE OF GUJARAT

Disposal: 56-DISPOSED AT ADMISSION STAGE
Bench: N S SANJAY GOWDAD M VYAS

Holding

The petition is dismissed as infructuous because the corpus voluntarily returned, eliminating any claim of unlawful detention.

Summary

Pratik Chimanbhai Vasava filed a special criminal application seeking a writ of habeas corpus to compel the State of Gujarat to produce his wife, the alleged corpus, before the court. The respondents submitted a statement from the wife indicating that she had voluntarily left to her uncle's residence and subsequently returned of her own free will to her husband. The court examined the statement and found that the wife's voluntary return negated any claim of unlawful detention. Consequently, the petitioner's prayer for habeas corpus relief could not be sustained. The court therefore disposed of the petition as infructuous, noting that no further relief was warranted.

Issues considered

Whether a writ of habeas corpus is appropriate when the alleged corpus voluntarily returns to the petitioner.

Subjects

habeas corpuspersonal libertyvoluntary returnpetition dismissedcourt order

Judgment

    R/SCR.A/2712/2026                               ORDER DATED: 26/02/2026




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/SPECIAL CRIMINAL APPLICATION (HABEAS CORPUS) NO. 2712 of
                            2026

==========================================================
                        PRATIK CHIMANBHAI VASAVA
                                  Versus
                           STATE OF GUJARAT
==========================================================
Appearance:
VASIMRAJA A KURESHI(8609) for the Applicant(s) No. 1
MR KRUTIK PARIKH, APP for the Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA
       and
       HONOURABLE MR.JUSTICE D. M. VYAS

                             Date : 26/02/2026

                       ORAL ORDER
 (PER : HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA)


      Pratik Chimanbhai Vasava has             led this petition seeking

writ of habeas corpus or any other appropriate writ, order or

direction directing respondent nos.2 to 4 to produce his wife

before this Court.



      Learned APP has produced statement given by the

corpus-wife of the petitioner which is to the e#ect that she

had gone to her uncle’s home and she has since returned and

has voluntarily gone back to her husband. The same is taken

on record.



                                 Page 1 of 2
       R/SCR.A/2712/2026                                                         ORDER DATED: 26/02/2026




          In view of aforesaid statement given by the corpus,

prayer made in this petition does not survive.                                               Accordingly,

present petition stands disposed of as having become

infructuous.



                                                                    (N.S.SANJAY GOWDA,J)



                                                                                      (D. M. VYAS, J)

ILA


Original copy of this order has been signed by the Hon'ble Judges.
Digitally signed by: ILA PRAFULKUMAR PATEL(HC00194), Principal Pvt Secretary, at High Court of Gujarat on 27/02/2026 13:59:57




                                                    Page 2 of 2

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