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Dr. Shah Faesal vs Union Of India & Ors

Delhi High Court · Decided on 12 September 2019 · Citation: (2019) 09 DEL CK 0267

HON’BLE JUDGES
Manmohan, J · Sangita Dhingra Sehgal, J
RESULT
Disposed Of
CASE NUMBER
Criminal Writ Petition No. 2295 Of 2019, Criminal Miscellaneous Application No. 34468 Of 2019
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Judgment

6 paragraphs · 228 words

Manmohan, J

1.

Present writ of Habeas Corpus has been filed by a Pairokar seeking the release of the petitioner-Dr. Shah Faesal.

2.

Today in Court, Ms. Warisha Farasat, learned counsel for the petitioner has handed over an affidavit of the wife of the petitioner seeking permission to withdraw the present writ petition with liberty to the petitioner "to seek remedies in law available to him at an appropriate time". The said affidavit is taken on record.

3.

Mr. Tushar Mehta, learned Solicitor General appearing for Union of India has no objection to the prayer for withdrawal. He, however, states that the respondents do not admit the contents of either the rejoinder-affidavit or paragraph 3 of the affidavit seeking permission to withdraw the present writ petition.

4.

As the petitioner is seeking withdrawal of present writ petition, it is not necessary for this Court to express any opinion on the averments made in the rejoinder-affidavit as well as in paragraph 3 of the affidavit seeking permission to withdraw.

5.

Consequently, the present writ petition and pending application are dismissed as withdrawn with liberty to the petitioner to seek remedies in law as available to him at an appropriate time. This Court makes it clear that it has not adjudicated upon the controversy at hand. Needless to say, the rights and contentions of all the parties are left open.