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2025 DAILYLAW 145064 (ALL)

SMT. REEMA AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. AND 4 OTHERS

CRLP/5027/2025 · 2025-06-05

Rajesh Singh Chauhan, Ram Manohar Narayan Mishra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:34773-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 5027 of 2025 Petitioner :- Smt. Reema And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. And 4 Others Counsel for Petitioner :- Ram Pheran Dwivedi Counsel for Respondent :- G.A. Hon'ble Rajesh Singh Chauhan,J. Hon'ble Ram Manohar Narayan Mishra,J. 1. Heard Sri Ram Pheran Dwivedi, learned counsel for the petitioners and Sri G.D. Bhatt, learned A.G.A. for the for the State-respondents and perused the material available on record. 2. In view of the proposed order notice to opposite party No.4 and 5 are hereby dispensed with. 3. By means of this writ petition, the petitioners have prayed for the following relief:- "(i) Issue a writ, order or direction in the nature of Mandamus commanding the opposite parties not to harass or victimize and terrorize the petitioners by making nocturnal visits at their houses, and further not to curtail the right to the life and liberty, which is guaranteed under Article 21 of the Constitution of India, in the interest of justice. (ii) Issue a writ, order or direction in the nature of Mandamus thereby directing the opposite party No.2 to take appropriate action into the matter against the opposite parties by initiating the departmental enquiry against the guilty police personnel and protect the life and liberty of the petitioners, in the interest of justice." 4. Learned counsel for the petitioners has stated that petitioners have got married on 05.02.2024 in the temple of Karikot, Chapariya Gaon, District Bahraich on their own free will according to Hindu rites and rituals. They both are major, for which they have filed their Aadhar Card for age proof and photo copy of Pariwar Register as well as some marriage photographs which are annexed as Annexure No.1, 2 and 3 to this writ petition. They have also filed an application/representation on 15.05.2025 through the registered posts, before the S.P Bahraich/ opposite party No.2 and 3, which is annexed as Annexure No.5 to this writ petition. Though no FIR has been lodged against the petitioners, but the family members of petitioner No.1 are approaching the police to harass the petitioners. 5. Learned A.G.A. has informed on the basis of written statement that since no FIR has been lodged against the petitioners. Therefore, the allegation of harassment by the police is misconceived. 6. Be that as it may, since the petitioners are major and are said to have been married and are living together happily. Therefore, they should not be harassed by any one. 7. In view of the aforesaid term, the writ petition is disposed of finally. (R.M.N. Mishra, J.) (Rajesh Singh Chauhan, J.) Order Date :- 5.6.2025 A.K. Singh Digitally signed by :- ASHISH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench