High Court of Gujarat

ASPAKBHAI SARFARAZBHAI MANEKIYAversusPOLICE INSPECTOR

Disposal: 56-DISPOSED AT ADMISSION STAGE
Bench: SANGEETA K VISHENUTKARSH THAKORBHAI DESAI

Holding

The petition was disposed of as withdrawn upon the petitioner's request, with no order as to costs.

Summary

Aspakbhai Sarfarazbhai Manekiya filed a special criminal application (habeas corpus) before the Gujarat High Court seeking the release of a detained person. The Court, on 30 June 2026, directed the Additional Public Prosecutor to take instructions, after which it was informed that the corpus (the detained individual) was already present before the Court. The petitioner, through counsel Nabil O. Bloch, expressed a desire to withdraw the petition, stating she no longer wished to pursue the relief. The Court accepted the request and ordered the petition to be disposed of as withdrawn, without any order as to costs. No substantive merits of the habeas corpus claim were adjudicated as the petition was withdrawn after the corpus was produced.

Issues considered

What is the appropriate procedure when the corpus is present in a habeas corpus petition?
Can a petitioner withdraw a habeas corpus petition after the corpus has been produced before the Court?

Subjects

habeas corpuswithdrawal of petitionGujarat High Courtcriminal procedurecustody

Judgment

      R/SCR.A/8927/2026                                                              ORDER DATED: 15/07/2026




                IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

  R/SPECIAL CRIMINAL APPLICATION (HABEAS CORPUS) NO. 8927 of 2026
==========================================================
                           ASPAKBHAI SARFARAZBHAI MANEKIYA
                                         Versus
                               POLICE INSPECTOR & ORS.
==========================================================
Appearance:
NABIL O BLOCH(7953) for the Applicant(s) No. 1
MR ROHAN RAVAL, APP for the Respondent(s) No. 3
==========================================================
  CORAM:HONOURABLE MS. JUSTICE SANGEETA K. VISHEN
        and
        HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI
        DESAI
                     Date : 15/07/2026
                       ORAL ORDER
     (PER : HONOURABLE MS. JUSTICE SANGEETA K. VISHEN)

          This       Court        on      30.06.2026,               has      requested             the       learned
Additional Public Prosecutor to take instructions. Today, Mr Rohan
Raval, learned Additional Public Prosecutor has informed this Court
that the corpus is present. Hence, the registry was directed to list
the matter by pre-poning it from 21.07.2026.

2.        The corpus is present, so also the petitioner – Aspakbhai
Sarfarazbhai Manekiya, who is identified by Mr Nabil O. Bloch,
learned advocate for the petitioner. The bench has interacted with
her and she has expressed her desire not to join the petitioner. Mr
Nabil O. Bloch, learned advocate, in view of the above, seeks
permission to withdraw the captioned petition.

3.        Acceding to the request, the petition is disposed of as
withdrawn. No order as to costs.




                                                                              (SANGEETA K. VISHEN,J)



                                                              (UTKARSH THAKORBHAI DESAI, 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 15/07/2026 14:53:39


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