SAROJ @ SAROJ YADAV AND OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND OTHERS
CRLP/6647/2025 · 2025-07-28
Brij Raj Singh, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 153259 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 153259 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:43290-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6647 of 2025 Petitioner :- Saroj @ Saroj Yadav And Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others Counsel for Petitioner :- Dharmendra Pratap Singh 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 the opposite parties no 1 to 4 to protect life and liberty of the petitioners. ii.) Issue a writ order or direction in the nature of mandamus commanding the opposite parties no 1 to 4 to see that the petitioners are not harassed or victimized only because Petitioner no. 1 and 2 have married out of their sweet free will. iii.)Issue a writ order or direction in the nature of mandamus commanding the opposite parties not to disturb the life and liberty of the petitioners and the family members of the petitioners."
3. It has been submitted by the learned counsel for the petitioners that the petitioner nos.1 and 2 are major and age proof that is the Aadhar Card of the petitioner no.2 and Class - 8th marksheet of the petitioner no.1 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 the family members of the petitioner no.1 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. has produced before this Court written instructions sent by Shri Abhishek Verma, Sub Inspector, Police Station Khodare, District Gonda, wherein it has been stated that F.I.R. bearing Case Crime No.197 of 2025, under Sections 87, 352 of B.N.S. has been lodged on written application of opposite party no.4 - Ram Singh and the petitioner no.1 is the victim, who has been abducted by the petitioner no.2. On registration of the said F.I.R., two parchas have also been issued by the investigating officer.
Since the victim has not been recovered, her statement under Sections 180 and 183 of B.N.S.S. could not be taken. The instructions are taken on record. 5. This writ petition is disposed of with liberty to the petitioner no.1 to approach the Investigating Officer/Station House Officer, Police Station Khodare, District Gonda and get her statement recorded under Sections 180 and 183 of B.N.S.S. As she is major, she is entitled to live with whomsoever, she wishes. . (Brij Raj Singh,J.) (Sangeeta Chandra,J.) Order Date :- 28.7.2025 Anupam S/- Digitally signed by :- ANUPAM SINGH PATEL High Court of Judicature at Allahabad, Lucknow Bench