SHIVANI YADAV AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND OTHERS
CRLP/5963/2025 · 2025-07-08
Brij Raj Singh, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 149050 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 149050 (ALL) · dailylaw.ai ]
Judgment text
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Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 5963 of 2025 Petitioner :- Shivani Yadav And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others Counsel for Petitioner :- Himanshu Nag Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra, J. Hon'ble Brij Raj Singh, J.
1. Heard S/Sri Neeraj Kumar Baghel, Praveen Yadav and Shiv Sagar, learned counsel for the petitioners, learned AGA for the State-opposite parties no.1 to 3 and S/Sri Shyamendra Singh, Amrendra Kumar, Prashant Singh and Ms. Sara Hashmi, who have filed power on behalf of opposite party no.4, which is taken on record. 2. In pursuance of the order passed by us today in the pre-lunch session, Sri Rajesh Kumar Tripathi, Station House Officer, Police Station Wazirganj, Lucknow is present in person and he has been identified by the learned AGA. He has produced before this Court the coloured photographs of his visit to Chamber No.31 situated inside the old CSC building in Lucknow District Court Campus, where the Advocates have been allotted chambers to facilitate their practice. The coloured photographs that have been produced before this Court, have a covering note by Sri Rakesh Kumar Tripathi, Station House Officer, Police Station Wazirganj, Lucknow, which says that he had found the mobile numbers of Raghvendra Mishra Hindu and Vipin Chaurasia painted on the door. Raghvendra Mishra Hindu was contacted on his mobile number and he has stated that he is conducting marriage ceremonies inside his Chamber No.31 situated inside the old CSC building. The photography and recording of such marriage ceremonies is also being done. 3. On our direction, the Court Manager, Administrative Officer and Member of the Infrastructure Committee of the District and Sessions Judgeship, Lucknow sent the print outs on WhatsApp and the same have also been placed before this Court. From the same, it is evident that Chamber No.31 situated inside the old CSC building as aforesaid is being used by Raghvendra Mishra Hindu and Vipin Chaurasia in the name of Brahmastra Legal Associate which is printed on the door also. Copy of the Certificate of Marriage of another couple (not the petitioners herein) was found in the chamber.
The officers have also taken photographs of an iron door with buntings and floral decoration and inside the chamber, allegedly such marriage ceremonies are being performed and the same was locked at the moment, but it appears to be an encroachment as it amounts to damaging the existing construction inside the old CSC building. 4. Learned counsel appearing on behalf of the petitioners has produced before this Court the print out of a photograph of petitioners no.1 and 2 exchanging the garlands in the same chamber. Mobile numbers of Raghvendra Mishra Hindu and Vipin Chaurasia, Advocates are printed on the door of Chamber No.31. They have been misusing the accommodation given inside the old CSC building by running a parallel Vivah Kendra. It appears that some Purohit is also called to conduct wedding ceremonies. However, there is no sign of any fire being lighted inside the place and in case there is no sign of fire, then it is highly doubtful that ‘Saptapadi’ has been performed, which is an essential ritual of any Hindu marriage. It is also not clear as to how the Brahmastra Legal Associate which is being run by Raghvendra Mishra Hindu, Advocate, has been authorised to issue any Marriage Certificate/Vivah Sanskar Patra in the name of Pragatisheel Hindu Samaj Nyas registered at Alambagh, Lucknow. 5. Counsel for the petitioners has stated that Arun Kumar Yadav, petitioner no.2 had brought before him the signed Vakalatnama allegedly having the signatures of Shivani Yadav, petitioner no.1 appended to it and he drafted the writ petition on the basis of the instructions given by his client Arun Kumar Yadav. Arun Kumar Yadav, petitioner no.2 has signed the writ petition and he has also given an affidavit in support of the said writ petition. 6. Since the affidavit is apparently false, we direct initiation of proceedings for perjury under Sections 340 and 195 of the erstwhile Code of Criminal Procedure and Indian Penal Code respectively against Arun Kumar Yadav, S/o Rajaram Yadav, petitioner no.2 and refer the matter to the Magistrate concerned.
The original papers shall be sent to the Magistrate concerned for his appreciation and further action. 7. We also direct the matter to be placed before the Division Bench dealing with suo motu Public Interest Litigation regarding the unsavory activities being undertaken by the Advocates in District and Sessions Judgeship, Lucknow. We have taken on record all the documents that have been placed before us. We direct the Registry to place the entire matter before the nominated Division Bench to take notice and take appropriate action. 8. We dismiss this writ petition as it has not been filed by Shivani Yadav, petitioner no.1 as stated by her counsel. 9. List this matter before the appropriate Division Bench on
11.07.2025. 10. Photocopy of the record of the writ petition, all the instructions including the coloured print outs and black and white print outs of the photographs taken, shall also be retained
by the Registry for its own record. 11. Additionally, we deem it appropriate to direct the District and Sessions Judge, Lucknow to ensure the immediate vacation of Chamber No.31 by Raghvendra Mishra Hindu, and Vipin Chaurasia, Advocates and scoring out with white paint
“Brahmastra Legal Associates” and “Pragatisheel Hindu Samaj Nyas” within two days. If any need be, the Station House Officer, Police Station Wazirganj, Lucknow shall provide all necessary help for forcible eviction of Raghvendra Mishra Hindu and Vipin Chaurasia, Advocates from Chamber No.31 situated inside the old CSC building. . ( Brij Raj Singh, J.) ( Sangeeta Chandra, J.) Order Date :- 8.7.2025 Rao/- Digitally signed by :- CHEBROLU SRINIVASA RAO High Court of Judicature at Allahabad, Lucknow Bench