High Court of Gujarat

DABHI ALPESHBHAI CHAMANBHAIversusSTATE OF GUJARAT

Disposal: 56-DISPOSED AT ADMISSION STAGE
Bench: SANGEETA K VISHENUTKARSH THAKORBHAI DESAI

Holding

The petition is disposed of as withdrawn, with no habeas corpus relief granted.

Summary

The petitioner, Dabhi Alpesbhai Chamanbhai, filed a special criminal application (habeas corpus) seeking the release of the corpus, who was found to be in the custody of his mother, respondent No.4, Roshniben Chunilal Thakor. The court noted that the corpus was with the mother and allowed the respondent to engage counsel, with Mr. Rajesh Vyas appearing on her behalf. While the court acknowledged several grievances raised, it chose not to examine them in detail, focusing solely on the relief sought in the writ. The petitioner’s counsel, Mr. Shivam R. Joshi, subsequently requested permission to withdraw the petition, seeking to pursue appropriate proceedings elsewhere. The court granted the withdrawal, disposing of the petition without any order as to costs.

Issues considered

Whether the petitioner is entitled to habeas corpus relief for the corpus.
Whether the petitioner may withdraw the habeas corpus petition.

Subjects

habeas corpuswithdrawal of petitioncustodyGujarat High Court

Judgment

     R/SCR.A/8524/2026                            ORDER DATED: 28/07/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/SPECIAL CRIMINAL APPLICATION (HABEAS CORPUS) NO. 8524 of
                            2026

==========================================================
                         DABHI ALPESHBHAI CHAMANBHAI
                                    Versus
                           STATE OF GUJARAT & ORS.
==========================================================
Appearance:
MR. SHIVAM R JOSHI(16350) for the Applicant(s) No. 1
NOTICE NOT RECD BACK for the Respondent(s) No. 7
NOTICE UNSERVED for the Respondent(s) No. 4,5,6
MS SHRUTI PATHAK, APP for the Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE MS. JUSTICE SANGEETA K. VISHEN
       and
       HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI
       DESAI

                        Date : 28/07/2026
                          ORAL ORDER
        (PER : HONOURABLE MS. JUSTICE SANGEETA K. VISHEN)


       Apropos the order dated 22.06.2026 passed by this Court, the
corpus is present with her mother – the respondent no.4 –
Roshniben Chunilal Thakor. Request was made to engage a lawyer
and Mr Rajesh Vyas, learned advocate states that he has received
instructions to appear for the respondent no.4 and shall be filing his
appearance during the course of the day. Registry is directed to
accept the same.

2.       This Court has interacted with the corpus. Many grievances
have been raised; however, considering the prayer prayed for in the
writ petition, we deem it appropriate not to delve into those
grievances; keeping it open.




                                   Page 1 of 2
        R/SCR.A/8524/2026                                                             ORDER DATED: 28/07/2026




3.         In view of the above, Mr Shivam R. Joshi, learned advocate for
the petitioner, seeks permission to withdraw the captioned writ
petition with a liberty to take out appropriate proceedings before
the appropriate forum.


4.         Request is acceded to. Petition is disposed of as withdrawn.
No order as to costs.




                                                                                (SANGEETA K. VISHEN,J)



                                                               (UTKARSH THAKORBHAI DESAI, J)
BINOY B PILLAI
Original copy of this order has been signed by the Hon'ble Judges.
Digitally signed by: BINOY BALAKRISHNA PILLAI(HC00183), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 28/07/2026 14:35:33




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