CHAUDHARI KULDIPKUMAR DEVRAJBHAIversusSTATE OF GUJARAT
- Disposal
- 56-DISPOSED AT ADMISSION STAGE
Holding
The Court allowed the withdrawal of the habeas corpus petition and disposed of it without costs.
Summary
Chaudhary Kuldipkumar Devrajbhai filed a special criminal application (habeas corpus) seeking a court order directing the State of Gujarat to produce the detained person (corpus). The court, after an in-camera interaction with the corpus, learned that she preferred to stay with her parents rather than with the petitioner. The petitioner, through counsel Bhuvnesh Gahlot, then requested permission to withdraw the petition. The court accepted the withdrawal request, dismissed the petition as withdrawn, and made no order as to costs. No substantive adjudication on the merits of the habeas corpus claim was made.
Issues considered
- Whether the respondent is obligated to produce the corpus under the habeas corpus application.
- Whether a habeas corpus petition can be withdrawn after the court has interacted with the corpus.
Subjects
Judgment
R/SCR.A/5790/2026 ORDER DATED: 28/04/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (HABEAS CORPUS) NO. 5790 of 2026
==========================================================
CHAUDHARI KULDIPKUMAR DEVRAJBHAI
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR BHUVNESH GAHLOT(10286) for the Applicant(s) No. 1
MS ASMITA PATEL, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE SANGEETA K. VISHEN
and
HONOURABLE MR.JUSTICE D. M. VYAS
Date : 28/04/2026
ORAL ORDER
(PER : HONOURABLE MS. JUSTICE SANGEETA K. VISHEN)
Learned advocate for the petitioner has tendered a draft
amendment. Amendment is allowed in terms of the draft. Same
shall be carried out forthwith.
2. Captioned petition is filed with a request, seeking direction to
the respondent to produce the corpus. Advance copy was served
upon the office of the learned Public Prosecutor and Ms Asmita
Patel, learned Additional Public Prosecutor for the respondent, in
turn, has informed this Court that the corpus is available.
3. Mr Kamlesh Kotai, learned advocate states that he has
received instructions to appear for the respondent no.3 and states
that the Vakalatnama shall be filed at the earliest. Registry is
directed to accept the same.
3. The proceedings were conducted in-camera. This Court had an
interaction with the corpus and she has expressed her desire not to
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R/SCR.A/5790/2026 ORDER DATED: 28/04/2026
go with the petitioner, but would like to continue to stay with her
parents.
4. In view of above, Mr Bhuvnesh Gahlot, learned advocate for
the petitioner, upon instructions from Chaudhari Kuldipkumar
Devrajbhai, who is also personally present before this Court, seeks
permission to withdraw the captioned petition.
5. Request is acceded to. Petition is disposed of as withdrawn.
No order as to costs.
(SANGEETA K. VISHEN,J)
(D. M. VYAS, J)
BINOY B PILLAI
Original copy of this order has been signed by the Hon'ble Judges.
Digitally signed by: BINOY BALAKRISHNA PILLAI(HC00183), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 29/04/2026 13:31:49
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