High Court of Gujarat

SURESH @KANCHO TEKBAHADUR THAPA THRO THAPA NEELAM SURESHBHAIversusSTATE OF GUJARAT

Disposal: 56-DISPOSED AT ADMISSION STAGE
Bench: GITA GOPIL S PIRZADA

Holding

The application is premature and therefore disposed of.

Summary

The petitioner, Suresh Tekbahadur Thapa, filed a Special Criminal Application seeking detention pending investigation. The Additional Public Prosecutor produced a police inspector's report indicating that no proposal for detention had been made against the applicant. The Court noted that without a proposal for detention, the application was premature. Consequently, the Court disposed of the application but granted liberty to approach the Court if circumstances change. No substantive merits were adjudicated as the application was deemed premature.

Issues considered

Whether the Special Criminal Application seeking detention is maintainable in the absence of a proposal for detention by the investigating agency?

Subjects

detentionspecial criminal applicationpremature applicationpolice reportcriminal procedure

Judgment

   R/SCR.A/8730/2026                       ORDER DATED: 03/07/2026




  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/SPECIAL CRIMINAL APPLICATION NO. 8730 of 2026
=================================================
 SURESH @KANCHO TEKBAHADUR THAPA THRO THAPA
                NEELAM SURESHBHAI
                         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, 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.



                            Page 1 of 2
        R/SCR.A/8730/2026                                                         ORDER DATED: 03/07/2026




 Hence, the application stands disposed of accordingly.

 However, liberty 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 16:16:39




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