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High Court of Gujarat

TINAJI JERAMJI THAKORversusSTATE OF GUJARAT

Disposal
35-ANY OTHER MODE @ ADM.STAGE

Holding

The court held that there was no unlawful detention and therefore dismissed the habeas corpus application.

Summary

The father of a 19‑year‑old son filed a special criminal application for habeas corpus, alleging that his son was being unlawfully detained. Police traced the son’s location in Haryana through call detail records and reported that he had voluntarily left home to stay with friends. The son, when questioned, expressed a desire to return to his parents and bore no grievance against them. The court interacted with both the son and the father, found no evidence of unlawful detention, and permitted the son to accompany his father. Consequently, the habeas corpus application was disposed of.

Issues considered

  • Whether the son’s absence constitutes unlawful detention justifying a habeas corpus remedy
  • Whether the court can order the release of a voluntarily absent adult

Subjects

habeas corpusunlawful detentioncall detail recordsvoluntary departurefamily reunificationGujarat High Court

Judgment

     R/SCR.A/9317/2026                       ORDER DATED: 21/07/2026




     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/SPECIAL CRIMINAL APPLICATION (HABEAS CORPUS)
                 NO. 9317 of 2026
=================================================
              TINAJI JERAMJI THAKOR
                       Versus
             STATE OF GUJARAT & ORS.
=================================================
Appearance:
MR. ASHOK L. CHAUHAN(14049) for the Applicant(s) No. 1
MR. NILAY THAKOR(14166) for the Applicant(s) No. 1
NOTICE NOT RECD BACK for the Respondent(s) No. 4
MR. ROHAN H. RAVAL APP for the Respondent(s) No. 1
=================================================
CORAM:HONOURABLE MS. JUSTICE GITA GOPI
       and
       HONOURABLE MR.JUSTICE L. S. PIRZADA

                         Date : 21/07/2026

                              ORDER

       (PER : HONOURABLE MS. JUSTICE GITA GOPI)

1.     The report of Kalol Taluka Police Station, District

       Gandhinagar, is produced by the learned APP, Mr.

       Rohan H. Raval, along with the corpus, in connection

       with Special Criminal Application No. 9317 of 2026.

       Since the matter is not listed today, thus ordered to be

       taken on board.

2.     This application has been preferred by the father of the



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          R/SCR.A/9317/2026                                                         ORDER DATED: 21/07/2026




             corpus. The corpus is about 19 years of age. Upon

             being inquired, he stated that he had been staying

             with his friends in Haryana. As stated in the police

             report, his location was traced through the Call Detail

             Records (CDR). Upon further inquiry, the corpus

             stated that he had left his house voluntarily with his

             friends and that he now wishes to join his parents.

   3.        The father of the corpus is also present before this

             Court. We interacted with both the corpus and his

             father. Upon such interaction, it was found that the

             corpus bears no grievance against his parents and has

             expressed his willingness to join them. In view of the

             same, the report of Kalol Taluka Police Station, District

             Gandhinagar, is taken on record and the corpus is

             permitted to accompany his father, who is present

             before this Court.

   4.        Accordingly, the application stands disposed of.


                                                                                           (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 21/07/2026 16:00:25

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