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2025 DAILYLAW 156952 (ALL)

SUNEETA DEVI AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. MINISTRY OF HOME LKO. AND OTHERS

CRLP/7286/2025 · 2025-08-21

Rajesh Singh Chauhan, S Q H Rizvi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:49080-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 7286 of 2025 Petitioner :- Suneeta Devi And Another Respondent :- State Of U.P. Thru. Prin. Secy. Ministry Of Home Lko. And Others Counsel for Petitioner :- Lalla Chauhan Counsel for Respondent :- G.A. Hon'ble Rajesh Singh Chauhan,J. Hon'ble Syed Qamar Hasan Rizvi,J. 1. Heard Sri Lalla Chauhan, learned counsel for the petitioners, Sri Bhanu Pratap Singh, learned Additional Government Advocate and perused the record. . 2. In view of the proposed order being passed, notice to respondents No. 6 to 8 is hereby dispensed with. 3. This writ petition has been filed by the petitioners with the following prayers: "I. Issue an appropriate writ, order or direction in the nature of Mandamus commanding the Opposite Parties concerned not to harass/ threat the petitioners and also not to interfere in the peaceful married life of the Petitioner No.1 & 2 and family members of the Petitioner No. 2. II. Issue an appropriate writ, order or direction in the nature of Mandamus commanding the opposite parties concerned to protect the life and personal liberty of the petitioners and save them from illegal harassment and victimization." 4. Sri Bhanu Pratap Singh, learned A.G.A. has produced the copy of instruction dated 06.08.2025 provided by one Dilip Kumar Shukla, Sub Inspector, Police Station Rampur Kalan, District Sitapur, addressing to the Government Advocate of this Court enclosing therein one missing report in respect of the petitioner no. 1. The aforesaid instruction is taken on record. 5. As per the aforesaid instruction, the petitioner no. 1 is already married to one Raju, son of Harishchandra, who lodged the missing report in respect of his wife, therefore, this Court may not observe that the petitioner no. 1 and petitioner no. 2 are wife and husband. 6. Learned counsel for the petitioners has informed that the petitioners have been called to concerning Police Station, where their statement have been recorded and they have informed the police authority that both the petitioners have got married and living together as husband and wife. He also submitted that the missing report so lodged by her alleged erstwhile husband is misconceived fact, in as much as, her marriage was fixed with that person but could not be solemnized and she got married with the petitioner no. 2 at Vedant Sanatan Hindu Sewa Mandir, Laulai, Lucknow on 15.07.2025 and got their marriage registered before the Marriage Registration Authority, therefore, their peaceful living may not be disturbed by any person. 7. If the statement of the learned counsel for the petitioners is taken on its face value, then the petitioners are having no reasonable apprehension of arrest, in as much as, had any FIR being lodged against them or it was required under the law to take the custody of any of the petitioners, the petitioners or any of the petitioner would have been taken into judicial custody by the police. . 8. As per the aforesaid instruction, there is no FIR against the petitioners and pursuant to the missing report relating to the petitioner no. 1, the statement of the present petitioners have been recorded, therefore, in view of the above, we do not find any ground more so plausible ground or reason to keep this writ petition pending any longer. Accordingly, this writ petition is being decided finally at the admission stage having expectation that the petitioners may not be unnecessarily harassed and as and when their cooperation would be required to the police, they shall extend their cooperation. 9. The writ petition is disposed of in terms of the aforesaid. (Syed Qamar Hasan Rizvi, J.) (Rajesh Singh Chauhan, J.) Order Date :- 21.8.2025 Arun Digitally signed by :- ARUN KUMAR High Court of Judicature at Allahabad, Lucknow Bench