High Court of Gujarat

AKASHKUMAR RAMANBHAI CHAUDHARIversusSTATE OF GUJARAT

Disposal: 27-WITHDRAWN @ ADM.STAGE
Bench: ILESH VORAR T VACHHANI

Holding

The Court permitted the withdrawal of the habeas corpus petition, granting the petitioner liberty to take appropriate action under law.

Summary

The petitioner, Akashkumar Ramanbhai Chaudhari, filed a special criminal application (habeas corpus) seeking the release of his wife, who had been brought before the police. During police inquiry, the wife expressed a desire to live with her uncle, and the petitioner was present. The petitioner's counsel requested permission to withdraw the habeas corpus petition, seeking a liberty to take appropriate legal action thereafter. The Court, after hearing counsel, granted the request to withdraw the petition and discharged the notice, allowing the parties to proceed as per law. Consequently, the matter was disposed of as withdrawn.

Issues considered

What is the appropriate judicial response to a petitioner's request to withdraw a habeas corpus application when the detainee expresses a desire to reside elsewhere?

Subjects

habeas corpuswithdrawal of petitionpersonal libertypolice custodyfamily dispute

Judgment

      R/SCR.A/4730/2026                                                              ORDER DATED: 21/04/2026




                IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/SPECIAL CRIMINAL APPLICATION (HABEAS CORPUS) NO. 4730 of
                            2026
==========================================================
                          AKASHKUMAR RAMANBHAI CHAUDHARI
                                       Versus
                              STATE OF GUJARAT & ORS.
==========================================================
Appearance:
MR DHRUV H PANCHAL(12742) for the Applicant(s) No. 1
MS SNEHA A JOSHI(2156) for the Applicant(s) No. 1
MS. GAYATRI C. ODE(18068) for the Applicant(s) No. 1
MR BHAVIK J PANDYA(5002) for the Respondent(s) No. 2,3,4,5
MR MANISH J PATEL(2131) for the Respondent(s) No. 2,3,4,5
MR DHAWAN JAYSWAL APP for the Respondent No. 1
==========================================================

  CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
        and
        HONOURABLE MR. JUSTICE R. T. VACHHANI

                                              Date : 21/04/2026

                                ORAL ORDER
                 (PER : HONOURABLE MR. JUSTICE ILESH J. VORA)


          We have learned counsel for the respective parties. The report
submitted by Modasa Rural Police Station is taken on record.


          The wife of the petitioner is brought by the police and upon
inquiry, she expressed her desire to live with her uncle. The petitioner
husband is also present. The learned counsel, upon instruction seeks
permission to withdraw this petition with a liberty to take appropriate
action in accordance with law. Permission as sought for is granted. Matter
is disposed of as withdrawn with aforesaid liberty. Notice discharged.


                                                                                           (ILESH J. VORA,J)



                                                                                         (R. T. VACHHANI, J)
P.S. JOSHI

Original copy of this order has been signed by the Hon'ble Judges.
Digitally signed by: PALLAV SUBHASHCHANDRA JOSHI(HC00177), Principal Pvt. Secretary, at High Court of Gujarat on 21/04/2026 17:05:01
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