High Court of Gujarat
RONAKKUMAR BHOGILAL PATANVADIYAversusSTATE OF GUJARAT
- Disposal
- 56-DISPOSED AT ADMISSION STAGE
- Bench
- GITA GOPIL S PIRZADA
Holding
The application is premature and is therefore disposed of.
Summary
Ronakkumar Bhogilal Patanvadiya filed a Special Criminal Application seeking an order of detention. The Additional Public Prosecutor produced the police inspector's report showing that no proposal for detention had been made against the applicant. The Court observed that without any proposal, the application was premature. Consequently, the Court disposed of the application but granted the applicant liberty to approach the Court if circumstances change. No further orders were made.
Issues considered
- Whether a Special Criminal Application for detention is maintainable in the absence of a police proposal for detention
- Whether the Court can entertain a premature application
Subjects
detentionspecial criminal applicationpremature applicationpolice reportcriminal procedure
Judgment
R/SCR.A/8695/2026 ORDER DATED: 03/07/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 8695 of 2026
=================================================
RONAKKUMAR BHOGILAL PATANVADIYA
Versus
STATE OF GUJARAT & ORS.
=================================================
Appearance:
VASIMRAJA A KURESHI(8609) for the Applicant(s) No. 1
MR. L.B. DABHI APP for the Respondent(s) No. 1
=================================================
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, Kapurai 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. Hence, the
application stands disposed of accordingly. However, liberty
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R/SCR.A/8695/2026 ORDER DATED: 03/07/2026
is granted to the applicant to approach this Court incase 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 16:14:50
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