ARIF AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO AND 3 OTHERS
CRLP/6792/2025 · 2025-07-29
Brij Raj Singh, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 154004 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 154004 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:43731-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6792 of 2025 Petitioner :- Arif And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And 3 Others Counsel for Petitioner :- Subodh Kumar Pandey 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) to issue, a writ, order or direction in the nature of MANDAMUS directing the opposite party no.2&3 to not to create any hindrance in the peaceful marital life of petitioners. ii) to issue, a writ, order or direction in the nature of MANDAMUS directing the opposite party no.2&3 to provide safety and security of the life and liberty of petitioners from opposite party no.4."
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 of the petitioners have been filed as Annexure to the petition. They have got married and a copy of the Nikahnama has been filed as Annexure no.3 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 oral 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. 5. This writ petition is disposed of with a direction to the petitioners that in case they are 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.
Order Date :- 29.7.2025 Sachin Digitally signed by :- SACHIN MEHROTRA High Court of Judicature at Allahabad, Lucknow Bench