High Court of Gujarat

RAJNIKANTBHAI MANHARBHAI CHAVDAversusSTATE OF GUJARAT

Disposal: 56-DISPOSED AT ADMISSION STAGE
Bench: ILESH VORAR T VACHHANI

Holding

The Court disposed of the habeas corpus application as not pressed and ordered the release of the detained person.

Summary

The petitioner, Rajnikantbhai Manharbhai Chavda, filed a special criminal application (habeas corpus) seeking the release of his wife, who was in police custody. The Dhandhuka Police Station submitted a detailed report regarding the detention, which was placed on record. After reviewing the report and speaking with the detained wife, the petitioner's counsel, Mr. Mukundkumar A. Thakkar, indicated that the petitioner no longer wishes to pursue the habeas corpus application and requested liberty to file any appropriate proceeding later. The Court, noting the applicant's withdrawal, ordered that the application be disposed of as not pressed. Consequently, the police were directed to set the detained wife free.

Issues considered

What is the appropriate judicial response when an applicant withdraws a habeas corpus petition after the detention report is on record?

Subjects

habeas corpusunlawful detentionwithdrawal of applicationpolice custodyrelease of detainee

Judgment

     R/SCR.A/981/2026                            ORDER DATED: 24/02/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/SPECIAL CRIMINAL APPLICATION (HABEAS CORPUS) NO. 981 of
                           2026

==========================================================
                    RAJNIKANTBHAI MANHARBHAI CHAVDA
                                  Versus
                         STATE OF GUJARAT & ORS.
==========================================================
Appearance:
MUKUNDKUMAR A THAKKAR(9034) for the Applicant(s) No. 1
NOTICE SERVED for the Respondent(s) No. 2,3
MR CHINTAN DAVE, APP for the Respondent(s) No. 1
==========================================================

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

                             Date : 24/02/2026

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


1.     We have heard Mr. Mukundkumar Thakkar, learned
advocate for the applicant and Mr. Chintan Dave, learned
APP appearing for the respondent-State.

2.     The corpus being wife of the applicant is brought
before this Court by Dhandhuka Police Station, District:
Ahmedabad. The detailed report submitted by the police is
ordered to be taken on record.

3.     In view of the report submitted by the police and
upon formal conversation with the corpus, Mr. Thakkar,
learned advocate appearing for the applicant, does not
press this application and seeks liberty to *le appropriate
proceeding before the Competent Court in accordance
with law.


                                 Page 1 of 2
        R/SCR.A/981/2026                                                    ORDER DATED: 24/02/2026




 4.       With the aforesaid liberty, present application stands
 disposed of as not pressed. The police authority is directed
 to set free the corpus.


                                                                                  (ILESH J. VORA,J)




                                                                                (R. T. VACHHANI, J)
 TAUSIF SAIYED


Original copy of this order has been signed by the Hon'ble Judges.
Digitally signed by: TAUSIFAHMED SAIYED(HC01401), PRIVATE SECRETARY, at High Court of Gujarat on 24/02/2026 15:12:38




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