ROSHNI KASHYAP v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND 4 OTHERS
CRLP/4249/2025 · 2025-06-04
Rajesh Singh Chauhan, Ram Manohar Narayan Mishra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 140623 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 140623 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:34511-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 4249 of 2025 Petitioner :- Roshni Kashyap Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 4 Others Counsel for Petitioner :- Shujat Kidwai,Mohammad Asad Mahmood Counsel for Respondent :- G.A. Hon'ble Rajesh Singh Chauhan,J. Hon'ble Ram Manohar Narayan Mishra,J. Heard Mr. Shujat Kidwai, learned counsel for the petitioner, Mr. G.D. Bhatt, learned A.G.A. for the State-respondent and perused the material available on record. This court has passed the order on 26.05.2025, which reads as under:-
"1. Supplementary affidavit filed by the petitioner is taken on record. 2. Heard Shri Shujat Kidwai, learned counsel for the petitioner, learned A.G.A. appearing for the State/opposite parties and perused the record. 3. This petition seeks issuance of direction in the nature of mandamus to the respondent nos. 2 and 3 to provide safety and protection to the petitioner and put stoppage to any threat that the petitioners may face while practising their fundamental right to choice and life and also to decide the representation dated 07.04.2025 seeking protection from constant threats to the petitioner's life."
4. Learned counsel for the petitioner submits that the petitioner is willing to settle the matter through mediation. 5. In order to ascertain the willingness, let notice be issued to opposite party nos.4 and 5 to be served through the Station House Officer, Police Station Kotwali Nagar, Barabanki (opposite party no.3) for their personal appearance before this Court on 04.06.2025. 6. List this case on 04.06.2025 amongst top ten cases. 7. The opposite party no.3 shall ensure the presence of opposite party nos. 4 and 5 before this court on the next date. 8. Till the next date of listing, the petitioner shall not be arrested in the aforesaid F.I.R./Case Crime number, subject to full cooperation in the investigation of the case." In compliance of the aforesaid order, the petitioner as well as opposite party Nos. 4 and 5 are present in person alongwith Nizamuddin Sub Inspector P.S. Kotwali Nagar, Barabanki are present in person. Mr. G.D. Bhatt, learned A.G.A. has informed on the basis of specific instruction received from the police that no FIR of any kind whatsoever has been lodged against the petitioner and on one application /complaint of the parents of the petitioner, the petitioner was called to apprise the facts.
Presently the police personnel are not requiring the presence of the petitioner, inasmuch as there is no FIR against the petitioner. The parents of the petitioner who are present in the Court have stated that they have not lodged any FIR against the petitioner. The petitioner has also stated that she being a major lady is living at Delhi and doing one job. Therefore, her parents and police personnels may be directed not to harass her. Having considered the submissions of parties and police personnel, who are present in person, it is needless to say that a major person may live independently and do any job, which is permissible under the law. Therefore, in the wake of aforesaid development, nothing remains to be adjudicated in the present writ petition. Therefore, the present writ petition is consigned to the record. Order Date :- 4.6.2025 A.K. Singh Digitally signed by :- ASHISH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench