R/SCR.A/1649/2023 ORDER DATED: 09/10/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (HABEAS CORPUS) NO. 1649 of 2023 ========================================================== BHUKHIBEN W/O RAVJIBHAI NATHABHAI DABHI Versus STATE OF GUJARAT & ORS. ========================================================== Appearance: MR. RADHESH Y VYAS(7060) for the Applicant(s) No. 1 NOTICE UNSERVED for the Respondent(s) No. 10 PUBLIC PROSECUTOR for the Respondent(s) No. 1 SHRIKAR H BHATT(2573) for the Respondent(s) No. 4,5,6,7,8,9 ========================================================== CORAM:HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA and HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI DESAI Date : 09/10/2025 ORAL ORDER (PER : HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA) 1. The petitioner has presented this petition contending that her son was abducted by the person who had introduced himself as Maheshbhai Parmar and claimed that he was a policeman from Vedach Police Station and two other persons. 2. It is stated in the petition that subsequently, when the petitioner approached the police station, she was informed that there was no such police personnel called as Maheshbhai Parmar and, they thereafter proceeded to register an FIR against the persons named by the petitioner and after the investigation, they also filed a charge-sheet. After filing the charge-sheet, the petitioner R/SCR.A/1649/2023 ORDER DATED: 09/10/2025 contended that her son is yet to be traced. 3. Police Superintendent of Bharuch Mr. Mayurbhai Jagmalbhai Chavda has filed an affidavit in which he has stated that the corpus has been seen at different places by several people and it appears that he was a free bird moving around freely. It is also stated that it had been revealed during the investigation that his relationship with his family members was not good and he was also assaulted by his family members on several occasions as he was in habit of drinking and committing theft in his own house. It is also stated that the corpus has disputes with his family members, including his wife and mother, and therefore, it was opined that the corpus did not want to come in open and did not want to maintain any relationship with his family members. It is stated that the police had conducted investigation and examined all the persons, including a person named Sanjaybhai Ratilal Vasava, who was stated to be in relationship with the corpus. It is also stated that the corpus was driving a truck regularly in Rajasthan and Kathiawad and despite all the efforts, the corpus has not been found. 4. The petition, as stated above, was filed on the premise that the petitioner was in the custody of the respondent Nos.4 to 9. Since the investigation has revealed that the corpus is not in the custody of the respondent Nos.4 to 9, the basis for filing this writ R/SCR.A/1649/2023 ORDER DATED: 09/10/2025 petition would not survive. We are, therefore, of the view that no useful purpose would be served by continuing the present writ petition as against the respondent Nos.4 to 9. We accordingly, CLOSE the petition. 5. The statement of the police that they will however continue the investigation and make every efforts to trace out the corpus as expeditiously as possible, is taken on record. The petition stands DISPOSED OF. Sd/- (N.S.SANJAY GOWDA,J) Sd/- (UTKARSH THAKORBHAI DESAI, 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 09/10/2025 16:04:01