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2025 DAILYLAW 118428 (ALL)

SHIVANI AND ANOTHER v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO AND 3 OTHERS

/549/2025 · 2025-01-27

Ajai Kumar Srivastava I, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:6278-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 549 of 2025 Petitioner :- Shivani And Another Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Lko And 3 Others Counsel for Petitioner :- Samanvya Dhar Dwivedi,Abhishek Mishra,Vikrant Choudhary Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Ajai Kumar Srivastava-I,J. Heard learned counsel for the petitioner and learned A.G.A. who appears on behalf of State respondents. This petition has been filed with the following main prayer :- i. Issue a writ, order or direction in the nature of Certiorari quashing the First Information Report (hereinafter referred as FIR) dated 25.11.2024 lodged at Case Crime No.0549/2024 under Sections - 137 (2) & 351 (1) of BNS, 2023, police station - Motipur, District Bahraich, contained as Annexure No.1 to this writ petition. ii. Issue a writ, order or direction in the nature of mandamus commanding the respondent no.2 and 3 not to harass the petitioners in any manner and also protect the life and liberty of the petitioners, in the interest of justice. It has been submitted by the learned counsel for the petitioner that petitioner no.1 was born on 01.01.2007 and she got married to the petitioner no.2 on 07.01.2025 when she had already turned 18 years and was major. Copy of the marriage certificate issued by the Arya Samaj, Chinhat Lucknow as well as Registrar under the U.P. Registration of Marriage Rules has been filed as Annexure. Learned A.G.A. on the basis of instructions says that certain sections have been added by the Investigating OfÏcer. The writ petition is dismissed as withdrawn with liberty to the petitioner to file a fresh petition if so advised. Order Date :- 27.1.2025 mks Digitally signed by :- MANISH SAXENA High Court of Judicature at Allahabad, Lucknow Bench