PRADIPSINH RAGHUNATHSINH RAJUNIversusSTATE OF GUJARAT
- Disposal
- 56-DISPOSED AT ADMISSION STAGE
Holding
The Court ordered that the police hand over the minor to the designated shelter home, thereby granting the relief sought in the habeas corpus application.
Summary
The father of a 17‑year‑old minor filed a special criminal application for a writ of habeas corpus, seeking the minor's release from his custody. The minor expressed a desire not to live with her father and requested placement in a shelter home. The State informed the relevant police station, and the minor was found to be in the custody of the respondents (the State). The Court examined whether the minor's wish could justify a change in custody and directed the police to transfer her to the Rajkot Shelter Home, Kathiyavadi Balashram. Accordingly, the petition was disposed with the order for the police to hand over the minor to the shelter home.
Issues considered
- What is the appropriate remedy under habeas corpus when a minor refuses to reside with a parent and seeks shelter home placement?
- Does the police have the authority to transfer custody of a minor to a shelter home upon the Court's direction?
Subjects
Judgment
R/SCR.A/710/2026 ORDER DATED: 19/01/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (HABEAS CORPUS) NO. 710 of
2026
==========================================================
PRADIPSINH RAGHUNATHSINH RAJUNI
Versus
STATE OF GUJARAT & ORS.
==========================================================
Appearance:
MR.SHATRUGHN S SONI(17589) for the Applicant(s) No. 1
MR ROHAN SHAH APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
and
HONOURABLE MR. JUSTICE R. T. VACHHANI
Date : 19/01/2026
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE ILESH J. VORA)
1. By way of this application, the applicant prays for
issuance of writ of Habeas Corpus or any other appropriate
writ or directions against the respondents herein. The
applicant is the father of the corpus aged about 17 years and
24 days.
2. On advance copy, State counsel has informed the
concerned jurisdictional police station about the <ling of this
petition and accordingly, the corpus is brought before this
Court. The report of the concerned police station is ordered to
be placed on record.
3. Upon inquiry, it reveals that the minor corpus was
presently in the custody of respondents. She does not want to
reside with his father applicant herein and expressed her
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R/SCR.A/710/2026 ORDER DATED: 19/01/2026
willingness to send her in any shelter home.
4. In such circumstances, the police authority is directed to
handover the custody of the corpus to the Rajkot Shelter
Home i.e. Kathiyavadi Balashram, Gondal Road, Rajkot.
5. Accordingly, with aforesaid directions and observations,
petition stands disposed of. The learned APP shall convey the
police authority about the passing of this order and the shelter
home Rajkot shall act upon the downloaded copy of this order.
Direct service is permitted.
(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 19/01/2026 15:17:42
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