IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (HABEAS CORPUS) NO. 12995 of

2025 ==========================================================

RAJESHKUMAR KISHANLAL SUTHAR Versus STATE OF GUJARAT & ORS.

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Appearance:

MR. RAAJEN D JADHAV(10026) for the Applicant(s) No. 1 DS AFF.NOT FILED (N) for the Respondent(s) No. 4 MR HARSHAD O JOSHI(11428) for the Respondent(s) No. 10,11,12,5,6,7,8,9 MR. ARPIT KACHOLIYA(16396) for the Respondent(s) No.

10,11,12,5,6,7,8,9 MS MONALI BHATT, APP for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA and HONOURABLE MR.JUSTICE D. M. VYAS Date : 13/11/2025

ORAL ORDER

(PER : HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA)

Petitioner Rajeshkumar Kishanlal Suthar, the husband has filed this writ petition contending that his wife Kavitaben and his minor daughter Reeya are in illegal confinement of respondent nos.4 to 12.

On notice being ordered, the State secured the presence of the corpus Kavitaben and minor daughter Reeya and presented them before us on 15/10/2025 but since the petitioner was not present, the matter was adjourned.

Report of the ASI, Pandesara Police Station, Surat city submitted by the learned APP is taken on record.

Today, Kavitaben states before us that she does not wish to stay with the petitioner and she is happily staying in Raipur. She states that she is under no compulsion from anybody nor is she confined by anybody to stay in Raipur. In view of the aforesaid, it is obvious that Kavitaben is not under any confinement of anybody.

In view of the above, learned advocate for the petitioner seeks permission to withdraw the present writ petition. However, learned advocate for the petitioner seeks liberty to initiate appropriate proceedings against Kavitaben as also in respect of custody of his daughter Reeya.

It is needless to state that the petitioner is always at liberty to initiate appropriate legal proceedings under the relevant provisions of law with respect to his marriage with Kavitaben, as also for securing custody of his daughter Reeya.

Subject to the above liberty, the present writ petition is dismissed as withdrawn.

(N.S.SANJAY GOWDA,J)

(D. M. VYAS, J)

ILA