Back
2026 Supreme(Online)(Guj) 12217
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
Sangeeta K. Vishen, D. M. Vyas, JJ
GEETABEN W/O RASIKJI RATHODV/sSTATE OF GUJARAT
R/SPECIAL CRIMINAL APPLICATION (HABEAS CORPUS) NO. 2071 of 2025
For the Appellants/Petitioners: Satyajit S Sonagara
For the Respondents: Public Prosecutor, Aftabhusen Ansari, Helly K Makwana
The court emphasizes that in Habeas Corpus petitions, repetitive investigative steps are insufficient; high-ranking police officials must ensure substantial progress in tracing the missing person and remain accountable to the court.
Headnote:(A) Habeas Corpus - Investigation - Ineffectiveness of repetitive steps - Where the police fail to trace the corpus despite transferring the case to the Anti-Human Trafficking Unit and a Special Investigation Team, the court may find the investigation repetitive and direct the Superintendent of Police to personally oversee and apprise the court of progress. (Para 2, 3)
Issues: Whether the investigation conducted by the police to trace the missing corpus was substantial and satisfactory.
| Table of Content |
|---|
| 1. procedural history of the habeas corpus petition and the sequence of investigative transfers from local police to specialized units. (Para 1 , 3 , 4) |
| 2. judicial dissatisfaction with repetitive and non-fruitful investigative processes in missing person cases. (Para 2) |
| 3. requirement of personal accountability of the superintendent of police to ensure effective investigation. (Para 5 , 6) |
ORAL ORDER
(PER : HONOURABLE MS. JUSTICE SANGEETA K. VISHEN)
1. This Court on 01.04.2026 has passed the following order:
“The order sheets suggest that the corpus is missing since January, 2025 and till date, her whereabouts are not known. Orders after orders have been passed and the steps taken by the police officials, are placed on record. However, till date, the whereabouts, are not known. Though tests are also undertaken and few of them are yet to be undertaken, this Court, was of the opinion that the investigation, needs a further fillip. Therefore, the learned Additional Public Prosecutor was required to request the Superintendent of Police to remain present.
2. The matter was kept in the second half and that is how, Mr.Chintan J. Teraiya, Superintendent of Police, Tharad is present. Request is made that some time, may be allowed as recently, after bifurcation, he has taken over the charge and assurance is extended that he will personally look into the matter.
3. Accepting the request and the assurance, we keep the matter on 20/04/2026 with a hope that some substantial and satisfactory development, would be reported to this Court.”
2. As is discernible, this Court has expressed a hope that some substantial and satisfactory development would be reported. Unfortunately, there is no development. This Court is of the opinion that the nature of investigation already carried out is repetitive.
3. The petition is filed in the month of February, 2025 for tracing out the corpus who at that time was aged 16 years and 11 months. The first report was filed on 21.02.2025 and the second report appears to have been filed on 06.03.2025 followed by the affidavit-in-reply in the month of February, 2026. It also appears from the record that initially the investigation was carried out by the concerned Police Station and since the corpus was not traced out, it was transferred to the Anti-Human Trafficking Unit. Despite the Anti-Human Trafficking Unit having taken over the investigation, no fruitful result was procured and hence, investigation/search was handed over to the Special Investigation Team formed by the concerned Superintendent of Police; however, unfortunately, till date no development has taken place. In the above referred order dated 01.04.2026, assurance was extended by the Superintendent of Police, Tharad that he will personally look into the matter coupled with the assurance that some favorable development may take place. Despite which, no substantial development has taken place.
4. Today, Ms. Shilpa Bharai, Deputy Superintendent of Police is present before this Court and has submitted a report. In the report, steps taken and proposed steps are narrated.
5. The Superintendent of Police is directed to remain present on the next date of hearing so as to apprise this Court regarding the nature of investigation carried out and that may be carried out till the next date of hearing.
6. List the matter on 30.04.2026.
