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Allahabad High Court

FIROZ AND ANOTHERversusSTATE OF UTTAR PRADESH AND 3 OTHER

Decided

Holding

The petition is dismissed as withdrawn.

Summary

Petitioner Firoz filed a habeas corpus petition alleging that his brother Musharraf was being held illegally by respondent No.4, Momin. After filing, the custody of Musharraf was restored to Firoz. Petitioner's counsel then informed the court that they no longer wished to pursue the petition. The court considered the withdrawal request and, finding no further cause of action, dismissed the petition as withdrawn. No substantive merits on the alleged illegal custody were examined.

Issues considered

  • Whether the habeas corpus petition can be dismissed on the ground of withdrawal by the petitioner after the relief sought has been obtained

Subjects

  • habeas corpus
  • withdrawal of petition
  • illegal custody
  • procedural dismissal

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                            HABEAS CORPUS WRIT PETITION No. - 1007 of 2025

                                    Firoz And Another
                                                                                                    .....Petitioner(s)
                                                                        Versus
                                    State Of Uttar Pradesh And 3 Other
                                                                                                  .....Respondent(s)

                                    Counsel for Petitioner(s)               :   Adarsh Srivastava, Reena Pal
                                    Counsel for Respondent(s)               :   G.A.

                                    Court No. - 73
                                                           HON'BLE SANDEEP JAIN, J.

                                    1. Learned counsel for the petitioners submits that, at the time of filing of the
                                    instant habeas corpus petition, the corpus, Musharraf, who is the brother of
                                    the petitioner, Firoz, was in the alleged illegal custody of respondent no. 4,
                                    Momin. However, subsequent to the filing of the instant habeas corpus
                                    petition, the custody of the corpus has been restored to the petitioner, Firoz.
                                    He, therefore, submits that the petitioner does not wish to press the instant
                                    habeas corpus petition.

                                    2. In view of the aforesaid submission made by learned counsel for the
                                    petitioners, the instant habeas corpus petition is dismissed as withdrawn.

                                    September 8, 2026
                                    Imtiyaz
                                                                                                 (Sandeep Jain,J.)




Digitally signed by :-
IMTIYAZ AHMAD
High Court of Judicature at Allahabad


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