Dismissed

Dhavalkumar Ruzveltbhai Katara v. State of Gujarat

Gujarat HC23 Dec 2021SCR.A/12414/2021

Case brief

AI extract

What is this about?

Petitioner moved a special criminal application for habeas corpus to release the corpus, a minor who was held at Nari Sarankshan Gruh. The court found the corpus was above 18 years of age and had explicitly requested to be set free from care. Consequently, the court released the corpus and disposed of the petition.

What did the court decide?

The corpus has been set free as per her wish being above 18 years. Petition disposed of.

Dhavalkumar Ruzveltbhai Katara Vs… — Constitutional and Fundamental Rights | Gujarat HC (2021)

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R/SCR.A/12414/2021 ORDER DATED: 23/12/2021

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/SPECIAL CRIMINAL APPLICATION NO. 12414 of 2021

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DHAVALKUMAR RUZVELTBHAI KATARA

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Versus

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STATE OF GUJARAT

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Appearance:

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SAJID Y KARIYANIYA(9619) for the Applicant(s) No. 1 for the Respondent(s) No. 2 DS AFF.NOT FILED (N)(11) for the Respondent(s) No. 3 MS JIRGA JHAVERI APP(2) for the Respondent(s) No. 1

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CORAM: HONOURABLE MR. JUSTICE S.H.VORA

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and

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HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE

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Date : 23/12/2021

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ORAL ORDER

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(PER : HONOURABLE MR. JUSTICE S.H.VORA)

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By way of present petition, the petitioner who happens to be cousin brother of corpus – Ms. Arunaben, seeks issuance of a writ of habeas corpus or appropriate writ order or directions directing the respondents No.2 and 3 to produce the corpus.

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Pursuant to the order dated 16/12/2021, respondent No.3-the Manager (Child Department) Nari Sarankshan Gruh, Rajkot with Mr.Divyarajsinsinh Surubha, Buckle No.993, Police Constable and Ms. Jagrutiben Galabhai, Buckle No.1248, Woman Police Constable, Surendranagar City A – Division Police Station has produced the corpus before us.

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We have interacted with the corpus who is found to be above 18 years (date of birth – 09/09/2003) and she has

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Page 1 of 2

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R/SCR.A/12414/2021 ORDER DATED: 23/12/2021

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categorically disclosed before us that neither she is inclined to stay at Nari Sarankshan Gruh, Narikendra, Rajkot nor she is willing to join her parents and has requested us to set her free.

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In view of such statement and as per wish expressed by the corpus who is above 18 years, we set her free. Accordingly, present petition stands disposed of.

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Copy of this order be provided to learned APP for further compliance.

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(S.H.VORA, J)

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(ANIRUDDHA P. MAYEE, J.)

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sompura

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Page 2 of 2

Dhavalkumar Ruzveltbhai Katara v. State of Gujarat

Case brief

What is this about?

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Dhavalkumar Ruzveltbhai Katara v. State of Gujarat

Case brief

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