SEEMA SONKAR AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME GOVT. LKO. AND 3 OTHERS
CRLP/857/2025 · 2025-01-30
Ajai Kumar Srivastava I, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 120714 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 120714 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:6444-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 857 of 2025 Petitioner :- Seema Sonkar And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Govt. Lko. And 3 Others Counsel for Petitioner :- Dhananjai Kumar Tripathi,Devendra Verma Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Ajai Kumar Srivastava-I,J.
1. Heard learned counsel for the petitioners and learned A.G.A. for the State/respondent. 2. The instant writ petition has been filed by the petitioners with the following reliefs :-
1. Issue a writ, order or direction in the nature of Certiorari thereby quash the impugned First Information Report dated 19.01.2025 lodged by the opposite party no. 4 in F.I.R./Case Crime No. 027/2025, Under Section-137(2) BNS at Police Station Kotwall Nanpara, District-Bahraich, as contained in Annexure No. 1 to the writ petition. 11. Issue a writ, order or direction in the nature of Mandamus commanding the opposite parties not to arrest the petitioner No.2, in pursuance of the impugned First Information Report dated 19.01.2025 lodged by the opposite party no. 4 in F.I.R./Case Crime No. 027/2025, Under Section-137(2) BNS at Police Station-Dath Commissioner Kotwali Nanpara, District- Bahraich, contained in Annexure No. 1 to the writ petition, in the interest of justice. III. Issue a writ, order or direction in the nature of Mandamus commanding the opposite parties not to interfere in the peaceful living of the petitioners and also protect the lives and liberty of the petitioners as such they are living in live-in-relationship with each other with their own sweet will, in the interest of justice. 3. It has been submitted by the learned counsel for the petitioners that the petitioner no.1 is major and above 18 years of age as is evident from the Police Medico Legal/Non Police Medico Legal report prepared from the Office of the Chief Medical Officer, Bahraich and a copy of the same is annexed as Annexure No.3 to the petition. 4. We have gone through the aforesaid report, which is annexed as Annexure No.3 to the petition at page no.24, and find that no opinion regarding the age of the petitioner no.1 has been given in the said report,
which is as follows :-
"X-Ray plate No.2236 Dated. 03.09.2021 Report -Rt. Elbow - Epiphysis fused -Rt. Shoulder - Epiphysis non fused -Rt. Knee
-
in
process
of
fusion -Rt.
Wrist - Epiphysis not fused"
5. We do not feel it to be an appropriate case to show interference as prayed for. 6. The writ petition stands disposed of. Order Date :- 30.1.2025 A.Dewal Digitally signed by :- ASHISH DEWAL High Court of Judicature at Allahabad, Lucknow Bench