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2025 DAILYLAW 140619 (ALL)

MARIYA MAYA HARIRAM AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME, CIVIL SECTT. LKO. AND OTHERS

CRLP/4262/2025 · 2025-06-05

Rajesh Singh Chauhan, Ram Manohar Narayan Mishra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:34755-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 4262 of 2025 Petitioner :- Mariya Maya Hariram And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home, Civil Sectt. Lko. And Others Counsel for Petitioner :- Raghvendra Singh Counsel for Respondent :- G.A. Hon'ble Rajesh Singh Chauhan,J. Hon'ble Ram Manohar Narayan Mishra,J. 1. Heard. 2. This Court has passed the order dated 26.05.2025, which reads as under:- "1. Heard learned counsel for the petitioners as well as learned A.G.A. for the State-respondents and perused the material available on record. 2. By means of this petition, the petitioners have sought quashing of impugned notice dated 24.04.2025 issued by the Investigation Officer of Crime No.09 of 2025, under Sections 318(2), 338, 336(2), 340(2), 115(2), 76, 191(2) of BNS, registered at Police Station Itiathok, district Gonda, as contained as Annexure no.1 to this writ petition. 3. Let the respondent no. 3 Station House Officer, Police Station Itiathok, district Gonda file his personal affidavit explaining as to under which provision the Investigating Officer has issued impugned notice dated 24.04.2025 directing the petitioners that in case no reply is submitted, marriage shall be deemed to be void. Such an affidavit be positively filed by 05.06.2025. 4. List this case on 05.06.2025. amongst top ten cases. 5. In case the Investigating Officer does not file his personal affidavit, the Investigating Officer shall appear in person along with the entire record of this case on the next date." 3. In compliance of the aforesaid order, the Station House Officer, Police Station Itiathok has filed his personal affidavit, same is taken on record. 4. In para-11 of the aforesaid personal affidavit, he has accepted his mistake that he was willing to indicate the fact that the marriage of the parties appears to be suspicious, but have indicated that marriage as void. 5. Learned counsel for the petitioners has stated that even if he was having some suspicion on such marriage that is also misconceived inasmuch as there was no reason of creating suspicion on the marriage of the parties. 6. Learned AGA has also submitted that the chargesheet has been filed before supervisory authority and the same shall be sent to the court very soon. 7. Be that as it may, the Station House Officer concerned is issued a note of caution to the effect that while issuing any statutory notice to any party, he should ensure that the appropriate fact is indicated in such notice inasmuch as indicating incorrect fact in the notice, creates doubt in the mind of the Court on the bonafide of the S.H.O. concerned. However, the chargesheet has already been filed therefore, there is no purpose to keep this petition pending any longer. 8. Accordingly, the writ petition is consigned to record. 9. It is needless to say that the petitioners may take appropriate remedy before the appropriate court of law, if, they are aggrieved from any action or inaction of the authorities. 10. This order shall be intimated to the Superintendent of Police concerned by the Registry of this Court within three days. Order Date :- 5.6.2025 Reena/- (Ram Manohar Narayan Mishra,J.) (Rajesh Singh Chauhan,J.) Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench