KANCHAN @ KANCHAN BIND AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND 3 OTHERS
CRLP/6523/2025 · 2025-07-24
Brij Raj Singh, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 152464 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 152464 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:42500-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6523 of 2025 Petitioner :- Kanchan @ Kanchan Bind And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others Counsel for Petitioner :- Vishal Kumar Yadav Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J.
1. Heard learned counsel for the petitioners as well as learned A.G.A. who appears on behalf of the State/Respondents and perused the record. 2. This petition has been filed by the petitioners with following main prayers:-
"(i) Issue a writ, order or direction in the nature of Mandamus, commanding and directing to the opposite party no. 2 and 3 to not harass the petitioners and family members of petitioner no. 2 because both are major and legally solemnized marriage at Aarya Samaj, Fatehpur, Fatehpur, 321, Mo.-Katra, Abdulgani, Fatehpur, 7/9, Akland Road, Sangam Yog Vihar Colony, Prayagraj on 01.07.2025 according to Hindu Custom, in the interest of justice. (ii) Issue a writ, order or direction in the nature of Mandamus, commanding and directing to the opposite party no. 2 and 3 to ensure the security of life and liberty of the petitioners in the interest of justice."
3. It has been submitted by the learned counsel for the petitioners that both the petitioners are major and age proof that is the Aadhar Cards as wel as High School Marksheet of the petitioners have been filed as Annexure No.2 to the petition. They have got married and a copy of the marriage certificate has been filed as Annexure no.1 to the petition. They are being threatened by their family members and therefore, they have approached this Court praying for a Mandamus to be issued to the opposite parties not to harass the petitioners. 4. Learned A.G.A. on the basis of written instructions, states that there is no application filed by the petitioners in the police station concerned for protection. There is no F.I.R. lodged by any person against the petitioners. There is no attempt to harass the petitioners in any manner. The written instructions taken on record. 5.
This writ petition is disposed of with a direction to the petitioners that in case they have threatened by their family members they may file an application under Section 154(1) or Section 154 (3) of the Cr.P.C. [Now Section 173 of the BNSS] before the Police Station/Superintendent of Police concerned, or to move an application under Section 156 (3) of the Cr.P.C. [Now Section 175 of the BNSS] before the concerned Magistrate and even filed a compliant case under Section 200 of the Cr.P.C. [Now 223 of the BNSS] before the Authorities concerned. . (Brij Raj Singh,J.) (Sangeeta Chandra,J.) Order Date :- 24.7.2025 Anupam S/- Digitally signed by :- ANUPAM SINGH PATEL High Court of Judicature at Allahabad, Lucknow Bench