High Court of Gujarat

PATEL PIYUSHKUMAR ASHOKBHAIversusSTATE OF GUJARAT

Disposal: 56-DISPOSED AT ADMISSION STAGE
Bench: SANGEETA K VISHEND M VYAS

Holding

The court allowed the corpus to join the petitioner and disposed of the writ petition.

Summary

The petitioner, a husband, filed a special criminal application (habeas corpus) seeking the production of his wife, Patel Kavyaben Pravinbhai, as corpus. The Additional Public Prosecutor informed the court that the corpus was available, and the matter was heard in chambers. Both the petitioner and the corpus were present, and the corpus expressed her desire to join her husband. The court, after ascertaining her wish, allowed the corpus to join the petitioner. Consequently, the writ petition was disposed of and the rule was made absolute.

Issues considered

Whether the corpus may be produced and permitted to join the petitioner under a habeas corpus application

Subjects

habeas corpuspersonal libertycorpusmarriagespecial criminal applicationcourt order

Judgment

     R/SCR.A/6321/2026                                ORDER DATED: 04/05/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/SPECIAL CRIMINAL APPLICATION (HABEAS CORPUS) NO. 6321 of
                            2026

==========================================================
                         PATEL PIYUSHKUMAR ASHOKBHAI
                                     Versus
                            STATE OF GUJARAT & ORS.
==========================================================
Appearance:
MS. ALPA A. PRAJAPATI(10023) for the Applicant(s) No. 1
MS ASMITA PATEL, APP for the Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE MS. JUSTICE SANGEETA K. VISHEN
       and
       HONOURABLE MR.JUSTICE D. M. VYAS

                       Date : 04/05/2026
                        ORAL ORDER
 (PER : HONOURABLE MS. JUSTICE SANGEETA K. VISHEN)


       The captioned writ petition is filed by the petitioner-
husband seeking direction to the respondents to produce the
corpus-Patel Kavyaben Pravinbhai.


2.     Advance copy was served upon the office of the learned
Public Prosecutor. Ms.Asmita Patel, learned Additional public
Prosecutor has informed this Court about the availability of
the corpus and hence the proceedings were conducted in the
chamber.


3.     Issue       Rule     returnable   forthwith.    Ms.Asmita         Patel,
learned Additional public prosecutor waives service of notice
of Rule on behalf of respondent nos.1 and2.




                                   Page 1 of 2
             R/SCR.A/6321/2026                                                        ORDER DATED: 04/05/2026




       4.        The petitioner as well as the corpus are personally
       present. This Court has ascertained the wish of the corpus
       and she has expressed her desire to join the petitioner.


       5.        In view of the above, this Court allows the corpus to join
       the       petitioner-husband.                    Accordingly               the       captioned            writ
       petition is disposed of. Rule is made absolute.




                                                                                (SANGEETA K. VISHEN,J)



                                                                                                 (D. M. VYAS, J)
       SINDHU NAIR


Original copy of this order has been signed by the Hon'ble Judges.
Digitally signed by: SINDHU UNNIKRISHNAN NAIR(HC01395), PRIVATE SECRETARY, at High Court of Gujarat on 05/05/2026 11:10:32




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