IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (HABEAS CORPUS)

NO. 4920 of 2026 =============================================

PATEL MOHANBHAI BACHUBHAI Versus STATE OF GUJARAT & ORS.

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Appearance:

MR. PREM K. SHAH for MR. MAULIK M SONI(7249) for the Applicant(s) No. 1 MS. ASMITA PATEL, APP for the Respondent(s) No. 1 =============================================

CORAM:HONOURABLE MS. JUSTICE SANGEETA K. VISHEN and HONOURABLE MR.JUSTICE D. M. VYAS Date : 13/04/2026

ORAL ORDER

(PER : HONOURABLE MS. JUSTICE SANGEETA K. VISHEN)

The Captioned writ petition is filed seeking direction to the concerned Police Authorities to produce the corpus before this Court.

2. On 10.04.2026, this Court had passed the following order.

“Mr Chirag B. Aydi, learned advocate for the petitioner states that the corpus is around 15 years of age and she left for her school on 30.01.2026. The apprehension of the petitioner is that the respondents, who are influential persons of the village, have abducted the corpus while she was returning from school.

2. Issue notice to the respondents, returnable on 16.04.2026. Ms Divyangna Jhala, learned Additional Public Prosecutor waives service of notice on behalf of the respondent nos.1 to 3. For rest of the respondents, notice to be sent through the concerned police station.”

3. Today, the learned Additional Public Prosecutor Ms. Asmita Patel has informed this Court that the corpus is traced out and was made available and hence, the Registry was directed to list the mater today in the second half.

4. The matter was taken up in chamber. The captioned writ petition, gives a sorry state of affairs inasmuch as, the corpus is 15 years and 8 months of age and according to the petitioner, she has been missing since 30.01.2026. Diligent efforts were put to search her in the vicinity and even in the school. According to the information of the petitioner, respondent no.4 had taken away the corpus while she was returning from the school. The petitioner had made several requests to the respondent no.4 and others to return the corpus; however, the request was fallen on deaf ears. The petitioner has also approached the concerned Police Station; however, no steps were taken. Even no FIR was lodged, let alone filing any complaint.

5. On 13.03.2026, a written complaint is preferred with the Police Station, Devgadh Baria, Dahod, inter alia, pointing out that the corpus has left for the school on 30.01.2026, however, she had not returned. Apprehension was raised against the respondent no.4 and others; however, unfortunately, till date, no FIR is lodged despite the passage, close to four months, from the date, the corpus was missing and exact one month from the date of the written complaint dated 13.03.2026 filed for the offences punishable under Sections 137(2), 87, 64, 352, 351(2)(3), and 54 of the Bharatiya Nyaya Sanhita (BNS) 2023, as well as under Sections 4, 6 and 8 of the Protection of Children from Sexual Offences Act, (POCSO) 2012. It was expected of the concerned Police Station, to have lodged the FIR immediately; however, till date, no FIR is lodged.

6. We are at pains to see that when a minor girl is missing in the month of January, 2026, till date, no FIR is lodged. Today, a report of the Police Inspector Mr. K.K. Rajput is placed on record. A perusal of the report suggests that for tracing out the corpus, help of the other side, i.e. the respondent is taken recourse of, instead of the Police Inspector himself undertaking the investigation. Let the concerned Police Inspector of the concerned Police Station remain personally present on 15.04.2026 before this Court.

7. The corpus is present, so also the petitioner, namely, Patel Mohanbhai Bachubhai (her uncle), and father namely Gordhanbhai Bachubhai Patel are present. We allow the corpus to join the petitioner, i.e. her uncle and her father. The petitioner, father and the corpus to remain present on 15.04.2026.

(SANGEETA