High Court of Gujarat

BASANTIBEN UMESHSINH CHAUHANversusSTATE OF GUJARAT

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

Holding

The Court held that the minor, being 16 years and 4 months old and expressing a desire to stay with her mother, must be released forthwith.

Summary

The petition was filed under habeas corpus on behalf of a 16-year‑old girl who had been in detention for about 16 years and 4 months. The girl expressed her desire to live with her mother. The police report from Bapunagar Police Station was placed on record. The Court considered whether the detention was unlawful and whether the girl's wish should be respected. It ordered that the police act on the girl's desire and set her free immediately. Consequently, the petition was disposed of.

Issues considered

Whether the detention of the minor is unlawful
Whether the court can order release of the minor based on her expressed wish to stay with her mother

Subjects

habeas corpusunlawful detentionminor's rightspolice authorityrelease order

Judgment

         R/SCR.A/5431/2026                                                             ORDER DATED: 21/04/2026




                   IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

    R/SPECIAL CRIMINAL APPLICATION (HABEAS CORPUS) NO. 5431 of
                               2026

  ==========================================================
                                BASANTIBEN UMESHSINH CHAUHAN
                                            Versus
                                   STATE OF GUJARAT & ORS.
  ==========================================================
  Appearance:
  MR UVESH M SHAIKH(11313) for the Applicant(s) No. 1
  MR DHAWAN JAYSWAL APP for the Respondent No. 1
  ==========================================================

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

                                                 Date : 21/04/2026

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


            We have heard learned counsel for the respective parties. Report
  dated 21.04.2026 tendered by Bapunagar Police Station is taken on
  record.
            The corpus aged about 16 years and 4 months, has expressed her
  desire to go with petitioner mother. The police authority shall act as per
  the wish of the corpus and set her free forthwith. With this observation,
  petition stands disposed of.


                                                                                              (ILESH J. VORA,J)




                                                                                           (R. T. VACHHANI, J)
  P.S. JOSHI


Original copy of this order has been signed by the Hon'ble Judges.
Digitally signed by: PALLAV SUBHASHCHANDRA JOSHI(HC00177), Principal Pvt. Secretary, at High Court of Gujarat on 21/04/2026 17:02:52




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