High Court of Gujarat
RAJAN MULJIBHAI PATEL THRO MULJIBHAI NARSINHBHAI PATELversusSTATE OF GUJARAT
- Decided
- Disposal
- 56-DISPOSED AT ADMISSION STAGE
- Bench
- GITA GOPIL S PIRZADA
Holding
The application is premature and is therefore disposed of.
Summary
The petitioners, Rajan Muljibhai Patel and Narsinhbai Patel, filed a Special Criminal Application before the Gujarat High Court seeking an order of detention. The Additional Public Prosecutor produced a police inspector’s report indicating that no proposal for detention against the applicants had been made. The Court noted that without any such proposal, the application was premature. Consequently, the Court ordered the application to be disposed of, while granting the petitioners liberty to approach the Court if circumstances change. No substantive merits of the detention request were examined.
Issues considered
- Whether a Special Criminal Application seeking detention is maintainable when the police have not made any proposal for detention against the applicant?
Subjects
- Special Criminal Application
- detention
- premature filing
- police report
- criminal procedure
Judgment
R/SCR.A/8607/2026 ORDER DATED: 03/07/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 8607 of 2026
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RAJAN MULJIBHAI PATEL THRO MULJIBHAI
NARSINHBHAI PATEL
Versus
STATE OF GUJARAT & ORS.
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Appearance:
VASIMRAJA A KURESHI(8609) for the Applicant(s) No. 1
MR. L.B. DABHI APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE GITA GOPI
and
HONOURABLE MR.JUSTICE L. S. PIRZADA
Date : 03/07/2026
ORDER
(PER : HONOURABLE MS. JUSTICE GITA GOPI)
Today, the learned Additional Public Prosecutor has
produced the Report of the Police Inspector, Makarpura
Police Station, Vadodara City stating that till date, they have
not placed any proposal against the applicant for the
offences as referred in the Report. The said Report is
ordered to be taken on record. Since there is no proposal for
passing any order of detention against the applicant as
referred in the Report, the present application is premature.
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R/SCR.A/8607/2026 ORDER DATED: 03/07/2026
Hence, the application stands disposed of accordingly.
However, liberty is granted to the applicant to approach this
Court in case of any change of circumstances.
(GITA GOPI,J)
(L. S. PIRZADA, J)
DIKSHA
Original copy of this order has been signed by the Hon'ble Judges.
Digitally signed by: DIKSHA HARISH GUSAIN(HC02363), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 03/07/2026 16:15:47
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