AKHLESH KUMAR AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND OTHERS
CRLP/6392/2025 · 2025-07-21
Sangeeta Chandra, Subhash Vidyarthi
body2025
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[ 2025 DAILYLAW 151714 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 151714 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:41580-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6392 of 2025 Petitioner :- Akhlesh Kumar And Another Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Others Counsel for Petitioner :- Raghunath Prasad Counsel for Respondent :- G.A.,Shailesh Kumar Singh 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 by the petitioners with the following main prayer:-
"i- registered as Case Crime no. 194/2025, under section 87, 137(2) B.N.S.-2023, Police Station- Pasgawwan, District Lakhimpur Kheri, as Annexure no. 1 to this writ petition in the interest of justice. ii- Issue a writ, order or direction in the nature of Mandamus commanding the opposite party no. 2 and 3 not to arrest the petitioners in pursuance of the impugned F.I.R. 18-5-2025, registered as Case Crime no. 194/2025, under section 87, 137(2) B.N.S.-2023, Police Station- Pasgawwan, District Lakhimpur Kheri contained as Annexure no. 1 to this writ petition in the interest of justice."
3. Learned counsel for the petitioners has submitted that the petitioners have married out of their own free will and their family members are annoyed with the said marriage therefore, the impugned FIR has been lodged. He further submitted that both the petitioners are illiterate and they have their Aadhaar Cards on the basis of which marriage was solemnized at Arya Samaj Pragati Nagar, Hardoi.
4. Shri Shailesh Kumar Singh, has appeared on caveat on behalf of the contesting respondent no.4 and he says that both the petitioners are literate. The Transfer Certificate of petitioner no.2 showing Archana Devi, the daughter of Monu- opposite party no.4 having passed Class VII in the year 2022 and her date of birth recorded
in the Scholar's Register is 06.07.2008.
5. In view of such counter affidavit being filed today in the Court, we do not find any good ground to show interference.
6. Accordingly, the instant petition is hereby dismissed. . (Subhash Vidyarthi,J.) (Mrs. Sangeeta Chandra,J.) Order Date :- 21.7.2025 Preeti. Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench