TINAJI JERAMJI THAKORversusSTATE OF GUJARAT
- Disposal
- 35-ANY OTHER MODE @ ADM.STAGE
- Bench
- GITA GOPIL S PIRZADA
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
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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