R/SCR.A/13173/2025 ORDER DATED: 29/09/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (HABEAS CORPUS) NO. 13173 of 2025 ========================================================== JOGARAM MANGAYAM MAJIRANA Versus STATE OF GUJARAT & ORS. ========================================================== Appearance: CHIRAG A PRAJAPATI(8468) for the Applicant(s) No. 1 MR PRANAV DHAGAT APP for the Respondents ========================================================== CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA and HONOURABLE MR.JUSTICE P. M. RAVAL Date : 29/09/2025 ORAL ORDER (PER : HONOURABLE MR. JUSTICE ILESH J. VORA) 1. This petition is filed under Article 226 of the Constitution of India, seeking issuance of writ of Habeas Corpus for production and release of respondent no. 4, who has been illegally confined by her parents and others i.e. respondent nos. 5 to 7 at their residence at Barmer, Rajasthan against her will and in violation of her fundamental rights. 2. We have heard learned counsel Mr. C.A. Prajapati and Additional Public Prosecutor Mr. Pranav Dhagat for the respondent State on advance copy and the concerned police officials present with the custody of corpus. 3. Admittedly the corpus is 23 years old and before filing of this petition, she had lived with petitioner Jogaram Mangayam R/SCR.A/13173/2025 ORDER DATED: 29/09/2025 Majirana, as per the facts mentioned in the petition. 4. We have personally inquired from the corpus about her will and wish and whether she has been illegally confined by her parents or not. The corpus in the presence of respondents – parents have stated that, she had lived with the petitioner for some time and he had extended the moral support in her life and therefore, she does not want to reside with the respondents. She has further clarified that her parents assured her that, they will do something for the petitioner but after returning back at the Barmer, the parents turned hostile and did not permitted her to proceed to the house of the petitioner. In such circumstances in our opinion, the corpus being a mature person has all the right to live with her choice of partner. 5. Thus, having regard to the peculiar facts and circumstances of the present case, in order to protect the individual liberty, the case is made out for issuance of necessary relief, as prayed for. 6. Accordingly, petition is allowed. The respondent no. 4 be set at free and permitted to accompany the petitioner. The concerned Police is directed to protect the safety and liberty of the petitioner and respondent no. 4 and do the needful that the parties will safely reach their destination and see that no untoward incident be happened. R/SCR.A/13173/2025 ORDER DATED: 29/09/2025 7. With this observation and direction, present application stands disposed of. Learned APP shall inform the concerned police station about the passing of this order. Direct service permitted. (ILESH J. VORA,J) (P. M. RAVAL, J) P.S. JOSHI Original copy of this order has been signed by the Hon'ble Judges. Digitally signed by: PALLAV SUBHASHCHANDRA JOSHI(HC00177), Principal Pvt. Secretary, at High Court of Gujarat on 29/09/2025 15:30:49