R/SCR.A/13531/2022 ORDER DATED: 03/12/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (HABEAS CORPUS) NO. 13531 of 2022 ========================================================== BABU BHAI HEMABHAI PARMAR Versus STATE OF GUJARAT & ORS. ========================================================== Appearance: MR KARTIK I SONI(2519) for the Applicant(s) No. 1 MR RAJENDRASINH D VAGHELA(12506) for the Applicant(s) No. 1 AKASH N SHAH(10130) for the Respondent(s) No. 5,6,7 MR ANKIT SHAH(6371) for the Respondent(s) No. 8 NOTICE SERVED for the Respondent(s) No. 2,3,4 MS MONALI H BHATT, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA and HONOURABLE MR.JUSTICE D. M. VYAS Date : 03/12/2025 ORAL ORDER (PER : HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA) 1. This writ petition is led by Babubhai Hemabhai Parmar stating that his son Harchand alias Hacho, aged 31 years, who is mentally retarded, was admitted with respondent No.5 on 18.9.2021 and from there, he went missing on 7.10.2021. 2. It is stated in the petition that the police were informed on 18.10.2021, but no action was taken. It is stated that since no action was taken, the present Habeas Corpus petition was led. 3. Learned Additional Public Prosecutor submits that after son of the petitioner went missing, a formal complaint was registered in the year 2023 and the police had investigated the same in great detail. She relies upon an a-idavit of the R/SCR.A/13531/2022 ORDER DATED: 03/12/2025 Inspector, wherein the steps taken by the police to trace the corpus are also stated. It is also stated that the police had taken steps to trace the corpus who is mentally retarded. 4. It is argued by learned APP that even looking to the mental condition of the corpus, tracing of him would be extremely di-icult. It is stated that on earlier two occasions, the corpus went missing. She ultimately submits that since it is not the say of the petitioner that the corpus is illegally detained by anybody, the present petition cannot be entertained. She, however assures the Court that the investigation into the missing corpus would continue and if there are any leads forthcoming either from the petitioner or the police, the same would be followed up. 5. In our view, since no allegations are made that the corpus has been illegally detained, the question of issuing writ of habeas corpus would not arise. The assurance given by the learned Additional Public Prosecutor is taken on record that the investigation into the missing of the corpus would continue and as and when any leads come, the police will continue to make e-orts to trace the corpus. The petition is CLOSED subject to the above. Sd/- (N.S.SANJAY GOWDA,J) Sd/- (D. M. VYAS, J) OMKAR Original copy of this order has been signed by the Hon'ble Judges. Digitally signed by: OMKAR CHHAGANLAL MAHAWAR(HC00201), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 03/12/2025 15:12:29