SMT. LAXMI AND ANOTHER v. STATE OF U.P. THRU. SECY. HOME LKO. AND 3 OTHERS
CRLP/6266/2025 · 2025-07-17
Attau Rahman Masoodi, Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 150753 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 150753 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:40733-DB Court No. - 1 Case :- CRIMINAL MISC. WRIT PETITION No. - 6266 of 2025 Petitioner :- Smt. Laxmi And Another Respondent :- State Of U.P. Thru. Secy. Home Lko. And 3 Others Counsel for Petitioner :- Vimlesh Chandra,Vijay Kumar Counsel for Respondent :- G.A. Hon'ble Attau Rahman Masoodi,J. Hon'ble Shree Prakash Singh,J.
1. Instructions filed by the learned A.G.A. are taken on record.
2. Heard learned counsel for the petitioners and learned A.G.A. for the State.
3. This writ petion is filed seeking protection to the life and personal liberty of the petitioners who are stated to have married each other out of their free well. Although the age of the petitioner no. 1(wife) is stated to be 19 years but the same is based on the Aadhar card issued in the year 2016.
4. Learned counsel for the petitioners has stated that the details for obtaining Aadhar Card were furnished by the father of the petitioner no. 1 at the relevant point of time. Thus whatever age has been recorded in the Aadhar Card is the only proof available with her. Although in the affidavit filed in support of the writ petition, the educational qualification of the petitioner is stated to be Class IV but no educational record whatsoever has been placed on record by the petitioner as proof of age. The proof of age is thus necessary.
5. At this stage, there is no F.I.R. lodged against the
petitioners, however it is expected of the police authorities to subject petitioner no. 1 to a ossification test for determination of her age in the event of any criminal proceedings being initiated against the petitioner no. 2. Since the petitioners are not wanted in any criminal case as on date, the police authorities are hereby directed to provide necessary protection to their life and personal liberty.
6. The writ petition is accordingly disposed of. . (Shree Prakash Singh,J.) (Attau Rahman Masoodi,J.) Order Date :- 17.7.2025 kanhaiya Digitally signed by :- KANHAIYA KUMAR High Court of Judicature at Allahabad, Lucknow Bench