High Court of Gujarat

SMIT KARIMBHAI DAREDIAversusSTATE OF GUJARAT

Disposal: 56-DISPOSED AT ADMISSION STAGE
Bench: ILESH VORANISHA M THAKORE

Holding

The petition was dismissed because the petitioner did not press the application, and the detained person voluntarily expressed her wish not to cohabit.

Summary

The petitioner, Smit Karimbhai Daredia, filed a habeas corpus petition alleging unlawful detention by the State of Gujarat. The corpus (the detained individual) had previously been in a live-in relationship with the petitioner but had terminated the relationship and expressly stated she did not wish to live with him. The police brought the corpus before the court, and during inquiry she reiterated her desire not to cohabit with the petitioner. The petitioner’s counsel, Mr. Mansuri, chose not to press the petition further. Consequently, the court disposed of the petition without granting any relief.

Issues considered

Whether the habeas corpus petition should be entertained when the detained person voluntarily declines to live with the petitioner

Subjects

habeas corpuslive-in relationshippetition disposedcourt orderdetention

Judgment

      R/SCR.A/5844/2026                                                              ORDER DATED: 27/04/2026




                IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/SPECIAL CRIMINAL APPLICATION (HABEAS CORPUS) NO. 5844 of
                            2026
==========================================================
                                     SMIT KARIMBHAI DAREDIA
                                              Versus
                                     STATE OF GUJARAT & ORS.
==========================================================
Appearance:
MR NADEEM B MANSURI(11332) for the Applicant(s) No. 1
MR VIJAY PATE FOR H.L. Patel Advocate for respondent
MR LB DABHI APP for the Respondent No. 1
==========================================================

  CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
        And
        HONOURABLE MS. JUSTICE NISHA M. THAKORE

                                              Date : 27/04/2026

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


          Heard learned advocates for the respective parties.

          Admittedly, the corpus and the petitioner were in relations,
however, by declaration, the corpus cancelled the live in relationship
agreement and informed the other side accordingly. The corpus was
brought before this Court by the police agency and upon inquiry, she
made categorical statement in presence of counsel appearing for the
petitioner that she does not want to live with the petitioner.


          In such circumstances, the learned counsel Mr. Mansuri does not
press this petition. Petition stands disposed of as not pressed.


                                                                                           (ILESH J. VORA,J)




                                                                                  (NISHA M. THAKORE,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 27/04/2026 17:28:44

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