Allahabad High Court
SAMEEM FATMA AND ANOTHERversusSTATE OF U.P. AND 7 OTHERS
- Decided
Holding
The petition is dismissed as withdrawn.
Summary
Petitioner Sameem Fatma filed a habeas corpus petition alleging that her brother Asif Iqbal was illegally detained by private respondents Nos. 6 to 8 from 15.08.2026 to 30.08.2026. The petitioner later stated that Asif Iqbal has been returned to her and she no longer wishes to pursue the petition. The respondents denied the allegation, claiming the corpus was never in their custody and was always with the petitioner. The court observed that the factual dispute about the alleged illegal detention requires a police investigation and is beyond the scope of the writ petition. Consequently, the court dismissed the petition as withdrawn.
Issues considered
- Was the corpus, Asif Iqbal, in illegal detention by private respondents Nos. 6 to 8?
- Can the High Court determine the existence of illegal detention without a police investigation?
- Should the habeas corpus petition be dismissed on the ground that the petitioner has withdrawn it?
Subjects
- habeas corpus
- illegal detention
- withdrawal of petition
- police investigation
- matrimonial dispute
- private respondents
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
HABEAS CORPUS WRIT PETITION No. - 1292 of 2026
Sameem Fatma And Another
.....Petitioner(s)
Versus
State Of U.P. And 7 Others
.....Respondent(s)
Counsel for Petitioner(s) : Shagun Srivastava, Anjali Singh,
Naseem Rufi Q Alrafio B.M. Mugaanii
Counsel for Respondent(s) : G.A.
Court No. - 73
HON'BLE SANDEEP JAIN, J.
1. Sri R.L. Kanoujia, learned counsel, has filed his Vakalatnama on behalf
of respondent Nos. 6 and 8, which is taken on record.
2. Learned counsel for the petitioner submits that the corpus, Asif Iqbal, is
the brother of the petitioner, Sameem Fatma, and that, at the time of filing
of the instant habeas corpus writ petition, he was allegedly in the illegal
custody of private respondent Nos.6 to 8. However, the custody of the
corpus has now been restored to the petitioner. Consequently, the
petitioner does not wish to press the instant habeas corpus writ petition.
3. Learned counsel for the petitioner further submits that an affidavit of
the corpus, Asif Iqbal, has been filed on record, wherein he has disclosed
that he was in the illegal detention of private respondent Nos.6 and 7 from
15.08.2026 to 30.08.2026.
4. Per contra, learned counsel appearing for respondent Nos.6 and 8
submits that the allegations levelled by the petitioner are wholly false and
incorrect. He submits that the corpus was never in the illegal custody of
respondent Nos.6 and 8 and was always residing with the petitioner.
5. It is apparent from the record that the corpus is presently residing with
the petitioner, Sameem Fatma. It is further apparent that there is a
matrimonial dispute between the corpus, Asif Iqbal, and the respondent
no.8, Fatima Begum, on account of which the present controversy appears
to have arisen.
HABC No. 1292 of 2026
2
6. According to the petitioner, the corpus was in the illegal detention of
private respondent Nos.6 to 8. However, the said allegation has been
categorically denied by learned counsel appearing for the respondents.
7. The question as to whether the corpus was, in fact, in the illegal
detention of private respondent Nos.6 to 8 requires investigation. Such an
issue can only be ascertained after an appropriate investigation by the
police and does not fall within the scope of adjudication in the present
habeas corpus writ petition.
8. In view of the aforesaid facts and circumstances, and in view of the
statement made by learned counsel for the petitioner that the petitioner
does not wish to press the instant petition, the present 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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