Bombay High Court

ASMA MOHAMMAD MUSTAFA KHANversusSTATE OF MAHARASHTRA AND ORS.

Decided: 25 June 2026
Disposal: Disposed Off
Bench: SARANG VIJAYKUMAR KOTWAL ASHISH SAHADEV CHAVAN

Holding

The petition was disposed as there was nothing left to adjudicate after the petitioner’s release.

Summary

The petitioner filed a criminal writ petition in 2022 challenging a detention order dated 3 December 2021. The petitioner was released on 4 December 2022, rendering the detention order moot. The respondent's counsel informed the court that the petitioner had already been released and that no further relief could be granted. The petitioner’s counsel did not appear before the court. Consequently, the court held that there was nothing left to adjudicate and disposed of the petition. The matter was closed without any substantive order on the merits.

Issues considered

What is the appropriate course of action when a petitioner challenges a detention order that has become moot due to the petitioner’s release?

Subjects

detention
habeas corpus
criminal writ petition
release
petition dismissed

Judgment

                                               1/1                        301-WP-2563-2022.doc




   PURTI              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
   PRASAD
   PARAB                   CRIMINAL APPELLATE JURISDICTION
Digitally signed by
PURTI PRASAD PARAB
Date: 2026.06.29
16:47:53 +0530
                        CRIMINAL WRIT PETITION NO. 2563 OF 2022

    Asma Mohammad Mustafa Khan                              ….Petitioner
                 Versus
    The State of Maharashtra and Ors.                       …Respondents

                                               ----
    None for the Petitioner.
    Ms. Madhavi Mhatre, APP for the Respondent/State.
                                       ----

                                            CORAM : SARANG V. KOTWAL &
                                                    ASHISH S. CHAVAN, JJ.

                                            DATED     : 25th JUNE, 2026

    P.C. :


    1.                This Petition is pending since 2022 challenging the detention

    order dated 3rd December 2021.


    2.                Learned APP states that the Petitioner is already released. The

    detention order is over long time ago. He was released on 4 th December

    2022. Learned Counsel for the Petitioner is not appearing. Hence, nothing

    survives in this Petition.


    3.                Writ Petition No. 2563 of 2022 stands disposed of accordingly.


    4.                Rule is discharged.




    (ASHISH S. CHAVAN, J)                                   (SARANG V. KOTWAL, J.)

    Purti Parab

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