SMT ROSHANI AND ANOTHER v. State of UP AND 3 OTHERS
WRIC/39825/2024 · 2025-02-17
Vinod Diwakar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 109332 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 109332 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:23694 Court No. - 76 Case :- WRIT - C No. - 39825 of 2024 Petitioner :- Smt Roshani And Another Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Abha Rani,Brahma Kumar Tiwari 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 petitioners have filed the instant writ petition seeking protection by enclosing the forged Aadhar Card of petitioner no.1- Roshni. Perusal of the Aadhar Card reflects that her actual date of birth in the original Aadhar Card is recorded as 27.04.2006 but the petitioners have procured a forged Aadhar Card of petitioner no.1- Roshni and have altered her date of birth of as 27.04.2004 to claim majority, fraudulently.
4. In such circumstances, the Station House Officer, Police Station Kotwali Banda, District Banda is directed to conduct a thorough inquiry in the matter and verify from the petitioners that from where they have procured the forged Aadhar Card of petitioner
no.1-Roshni to approach this Court seeking protection. During the course of inquiry, if it's revealed that a cognizable offence is committed either by the petitioners or by any third person, who helped to procure the forged Aadhar Card, an FIR be lodged and an investigation be conducted in accordance with the law. The action taken report be submitted before the CJM concerned within a period of three months from the date of production of a certified copy of this order. The CJM shall ensure that the investigation has been conducted in a fair manner and the real culprits have been arrayed as an accused. A copy of the police report shall also be placed before SSP concerned before submitting it to the Court.
5. With the above observations, the writ petition is dismissed. Order Date :- 18.2.2025 Prajapati Justice Vinod Diwakar Digitally signed by :- RAMKESH PRAJAPATI High Court of Judicature at Allahabad