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Allahabad High Court

JANNATI (DETENUE) AND ANOTHERversusSTATE OF U.P. AND 6 OTHERS

Decided

Holding

The petition was dismissed as withdrawn because the petitioner no longer wished to pursue the writ after the minor's custody was restored.

Summary

Petitioner Jannati's father filed a habeas corpus petition alleging illegal detention of the minor daughter by private respondents. After filing, the minor was returned to her mother, Rani, restoring her custody. The petitioner's counsel then informed the court that they no longer wished to pursue the writ. The court considered the withdrawal request in light of the restored custody. Consequently, the court dismissed the petition as withdrawn, without further examination of the alleged illegal detention.

Issues considered

  • Whether the habeas corpus petition should proceed when the petitioner withdraws after the alleged detention has been remedied

Subjects

  • habeas corpus
  • illegal detention
  • withdrawal of petition
  • minor custody
  • restoration of custody

Judgment

                                               HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                HABEAS CORPUS WRIT PETITION No. - 1286 of 2026

                                    Jannati (Detenue) And Another
                                                                                                   .....Petitioner(s)
                                                                        Versus

                                    State Of U.P. And 6 Others
                                                                                                .....Respondent(s)

                                    Counsel for Petitioner(s)        : Lal Bahadur Yadav, Manoj Kumar
                                                                       Tripathi, Vinod Kumar Tirpathi
                                    Counsel for Respondent(s)        : G.A.

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

                                    1. Learned counsel for the petitioner submits that the instant habeas corpus
                                    writ petition has been filed alleging that the corpus, Jannati, minor daughter
                                    of the petitioner, Rani, is in the illegal detention of the private respondents.
                                    He, however, submits that subsequent to the filing of the instant petition, the
                                    custody of the minor corpus has been restored to the petitioner, Rani. He,
                                    therefore, submits that the petitioner does not wish to press the instant
                                    habeas corpus writ petition.

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



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




Digitally signed by :-
JITENDRA KUMAR PATEL
High Court of Judicature at Allahabad


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