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2025 DAILYLAW 151294 (ALL)

RAZIYA KHATOON SHAH AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND OTHERS

CRLP/6265/2025 · 2025-07-21

Sangeeta Chandra, Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:41544-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6265 of 2025 Petitioner :- Raziya Khatoon Shah And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others Counsel for Petitioner :- Manoj Kumar Singh Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Subhash Vidyarthi,J. 1. Heard learned counsel for the petitioners and learned A.G.A. for the State Respondents. 2. This petition has been filed with the following prayers:- "i) Issue a writ, order or direction in the nature of mandamus, commanding the opposite parties no. 1 to 3 to not to harass and interfere in the peaceful marital life of the Petitioners, and ii) Issue a writ, order or direction in the nature of mandamus, commanding the opposite party no. 1 to 3 to provide protection to the life and liberty of the Petitioners, and" 3. It has been submitted by learned counsel for the petitioners that petitioner no.1 and petitioner no.2 are both major, who on their own volition and free will have got married with each other in accordance with Muslim rites and rituals. They are being harassed by the opposite party no.4, who is the father of the petitioner no.1. The Police is also unnecessarily harassing the petitioners. 4. Learned A.G.A. for the State Respondents has produced before this Court written instructions sent by Sri Durga Prasad, Sub-Inspector of Police, Police Station- Kotwali Nanpara, District Behraich wherein it has been stated that no FIR has been lodged against the petitioner no.2. Earlier the mother of the petitioner no.1 had lodged F.I.R. on 08.06.2024 in Case Crime No. 298 of 2024 under Sections 363 of the IPC, thereafter, the charge sheet was filed under Sections 363, 366, 376 of the IPC and 3/4 of the P.O.C.S.O. Act and the Criminal Case is pending in the Trial Court. Again on the basis of an application made on 24.08.2024 Case Crime No. 438 of 2024 under Section 137(2) of the BNS was registered against Ilias and Dr. Kaleem where charge sheet has been filed before the Trial Court under Sections 137(2), 87 and 64 of the BNS and 3/4 of the P.O.C.S.O. Act. 5. The Police are not interfering in the matrimonial life of the petitioners in any manner as they are not accused. 6. The written instructions are kept on record. 7. Accordingly, the writ petition stands disposed of. Order Date :- 21.7.2025 Darpan Sharma Digitally signed by :- DARPAN SHARMA High Court of Judicature at Allahabad, Lucknow Bench