R/SCR.A/1389/2025 ORDER DATED: 17/12/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (HABEAS CORPUS) NO. 1389 of 2025 ========================================================== SHANKARBHAI DESINGBHAI RATHVA Versus STATE OF GUJARAT & ORS. ========================================================== Appearance: MR BRIJ V SHETH(10594) for the Applicant(s) No. 1 MR ANKIT SHAH(6371) for the Respondent(s) No. 6 NOTICE SERVED BY DS for the Respondent(s) No. 2,3 NOTICE SERVED TO CONCERNED POLICE STATION HOWEVER, SERVICE REPORT NOT FILED BY POLICE STATION for the Respondent(s) No. 4,5 MR PRANAV DHAGAT, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA and HONOURABLE MR.JUSTICE D. M. VYAS Date : 17/12/2025 ORAL ORDER (PER : HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA) 1. This petition was led by Shankarbhai Desingbhai Rathva contending that his daughter Snehaben has gone missing and despite a complaint being lodged, her whereabouts have not been traced. 2. An assertion is also made that one Jagdishbhai Prajapati is engaged in the business of girls tra%icking and he could be responsible for disappearance of Snehaben. 3. An a%idavit is led by the Police Inspector, Rangpur Police Station, in which he has stated that ever since the corpus went missing on 11.12.2023, every e%orts had been made to trace her. It is stated that the corpus voluntarily left R/SCR.A/1389/2025 ORDER DATED: 17/12/2025 the house of the petitioner and at the time when she left the house, she was about 19 years and 11 months, i.e. almost 20 years. It is also stated that her whereabouts was initially traced at the bus station of Chhota Udepur in the CCTV footage, in which she was seen going to Public Urinal and the attendant was also questioned and his statement was also recorded. It is stated that thereafter, no clue has been found regarding the whereabouts of Snehaben and the examination of CCTV footage have not revealed any leads. It is also stated that the mobile numbers were analyzed when a report is received that the girl was seen in Mandavi Kutchh. It is stated that despite all the analysis, no clue could be found. It is also stated that despite communicating the details of the corpus to all the concerned police stations, no leads were forthcoming. 4. Ultimately, it is stated that the allegations that the uncle of the petitioner namely Dineshbhai and his friend Jagdishbhai who were alleged to have involved in girls tra%icking were also examined and they were subjected to SDS and LVA tests, which turned out to be in negative. 5. It is also stated that the allegation that they had sold the two other girls was investigated and was found to be untrue. 6. It is stated that UADAI authority had revealed that an attempt to log-in into ‘My Aadhar APP’ was made on 4.8.2025 and this information was also investigated and complete details are still be awaited. 7. The assertions in this a%idavit would indicate that a R/SCR.A/1389/2025 ORDER DATED: 17/12/2025 comprehensive investigation has been conducted, but so far there are no leads secured. This a%idavit also establishes that the corpus has not been detained by the uncles, as alleged in the writ petition. 8. It is needless to state that to entertain a habeas corpus petition, the fundamental requirement is that the corpus is detained by any person unlawfully. Since this aspect is missing here, the present writ petition is not entertained. 9. However, we hereby direct the concerned police to continue the investigation into the missing girl and if any leads are found, they are directed to make e%orts to trace the corpus. The petitioner is also directed to inform the police if he secures any leads about the missing girl and the police shall thereafter investigate into the same. 10. Subject to the above directions, the present writ petition is CLOSED. 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 17/12/2025 14:45:08