Allahabad High Court
KM. RABINA GAUTAM AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The habeas corpus petition is dismissed as withdrawn.
Summary
The petition was filed alleging that minor Rabina Gautam was being held illegally by respondent Rahul. Over three years passed, during which the minor remained with the respondent and was reportedly happy. Petitioner's counsel then informed the court that they no longer wished to pursue the writ. The court considered the request and, noting the petitioner's desire to withdraw, dismissed the habeas corpus petition as withdrawn. No substantive merits were examined and the order was pronounced on 14 September 2026.
Issues considered
- Whether a habeas corpus writ petition can be dismissed as withdrawn upon the petitioner's request
Subjects
- habeas corpus
- withdrawal of petition
- illegal custody
- minor
- writ petition
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
HABEAS CORPUS WRIT PETITION No. - 704 of 2023
Km. Rabina Gautam And Another
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ajai Kumar, Bholanath Yadav
Counsel for Respondent(s) : G.A., Indra Deo Yadav, Yashpal Yadav
Court No. - 73
HON'BLE SANDEEP JAIN, J.
1. Learned counsel for the petitioner submits that the instant habeas
corpus writ petition was filed alleging that the minor corpus, Km. Rabina
Gautam, daughter of the petitioner, Smt. Reeta, is in the illegal custody of
respondent no.4, Rahul. However, more than three years have elapsed
since the filing of the instant petition and, presently, the minor corpus is
happily residing with respondent no.4. In view of the aforesaid
circumstances, learned counsel for the petitioner does not wish to press
the instant habeas corpus writ petition and submits that the same may be
dismissed as withdrawn.
2. 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petitioner, the instant habeas corpus petition is dismissed as withdrawn.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 14, 2026
Jitendra
Digitally signed by :-
JITENDRA KUMAR PATEL
High Court of Judicature at Allahabad
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