KHAIRUL NISHA AND ANOTHER v. State of UP AND 3 OTHERS
WRIC/35270/2024 · 2025-01-08
Vinod Diwakar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 105069 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 105069 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:4777 Court No. - 76 Case :- WRIT - C No. - 35270 of 2024 Petitioner :- Khairul Nisha And Another Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Mohd Hamid Counsel for Respondent :- C.S.C. Hon'ble Vinod Diwakar,J.
1. Heard learned counsel for the petitioners, Shri Ashwani Kumar Tripathi, learned Additional Chief Standing Counsel for the State- respondents, and perused the records.
2. The petitioners have filed the instant petition to seek protection from the police as they solemnized their marriage without the consent of their parents.
3. On the last day of the hearing, the Court sought a verification report regarding the legitimacy and genuineness of the documents filed along with the petition. On police verification it's revealed that the Nikahnama performed by the petitioners has been found forged. A reference is invited to the police verification report, produced and taken on record.
4. In such circumstances, respondent no.3-Station House Officer, Police Station Nakhasa, District Sambhal is directed to conduct a thorough inquiry in the matter and verify from the petitioners that from where they have procured the forged Nikahmama to approach this Court seeking protection. During the course of inquiry/investigation if it's revealed that a cognizable offence is committed by the petitioners, an FIR be lodged and an investigation be conducted in accordance with the law. The action taken report be submitted before the Chief Judicial Magistrate,
concerned within three months from the date of production of a certified copy of this order.
5. With the above observations/directions the writ petition is dismissed. Order Date :- 8.1.2025 Ujjawal Justice Vinod Diwakar Digitally signed by :- UJJAWAL High Court of Judicature at Allahabad