Allahabad High Court
SMT. KAUSHILYAversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The petition is dismissed as withdrawn.
Summary
The petitioner, Smt. Kaushilya, filed a habeas corpus petition alleging that she was being held in illegal custody by respondent No.4, Umesh Kumar. The petition sought the court's intervention to secure her release. After the filing of the petition, the alleged custodian restored her custody to her husband, Kuldeep Kumar, the petitioner’s spouse. Counsel for the petitioner then informed the court that the petitioner no longer wished to pursue the relief sought. Accordingly, the court dismissed the habeas corpus petition as withdrawn, without addressing the merits of the custody claim.
Issues considered
- Whether a habeas corpus petition can be dismissed as withdrawn when the petitioner no longer seeks relief
Subjects
- habeas corpus
- illegal custody
- withdrawal of petition
- procedural law
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
HABEAS CORPUS WRIT PETITION No. - 1285 of 2026
Smt. Kaushilya
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Dileep Kumar
Counsel for Respondent(s) : G.A.
Court No. - 73
HON'BLE SANDEEP JAIN, J.
Learned counsel for the petitioner submits that, at the time of filing of the
instant habeas corpus petition, the corpus, Smt. Kaushilya, wife of the
petitioner, Kuldeep Kumar, was in the alleged illegal custody of respondent
no. 4, Umesh Kumar. However, subsequent to the filing of the instant habeas
corpus petition, the custody of the corpus has been restored to the petitioner,
Kuldeep Kumar. He, therefore, submits that the petitioner does not wish to
press the instant habeas corpus petition.
In view of the aforesaid submission made by learned counsel for the
petitioner, the instant habeas corpus petition is dismissed as withdrawn.
(Sandeep Jain,J.)
September 8, 2026
Mayank
Digitally signed by :-
MAYANK KUMAR SHARMA
High Court of Judicature at Allahabad
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