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2025 DAILYLAW 157940 (ALL)

RABIYA BANO v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND OTHERS

CRLP/7470/2025 · 2025-08-29

Rajesh Singh Chauhan, S Q H Rizvi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 7470 of 2025 Court No. - 9 HON'BLE RAJESH SINGH CHAUHAN, J. HON'BLE SYED QAMAR HASAN RIZVI, J. 1. Heard Sri Shashank Vikram Shah, learned counsel for the petitioner, Sri Girijesh Kumar Dwivedi, learned Additional Government Advocate for the State respondent and Sri Jaleel Ahmad, Advocate, who has filed his Vakalatnama on behalf of the respondent nos. 5 to 7, the same is taken on record. 2. This writ petition has been filed by the petitioner with the following prayers: "(i) To issue a writ, order or direction in the nature of mandamus commanding the opposite parties to ensure the life and liberty of petitioner taking note of facts enumerated in representation made by the petitioner as contained in Annexure No. 2 to this writ petition. (ii) To issue a writ, order or direction in the nature of mandamus commanding the opposite parties to submit CCTV footage before this Hon'ble Court." 3. Learned A.G.A. has produced the copy of instruction letter dated 18.08.2025 provided by Santosh Tiwari, Sub-Inspector, Police Station Khandasa, District Ayodhya, addressing to the Government Advocate of this Court, the same is taken on record. 4. As per the aforesaid instruction, the son of the petitioner had taken the prosecutrix with him and kept her for sometime, thereafter, he left her to her home. Both were agreed to get married but now the son of the petitioner is Versus Counsel for Petitioner(s) : Sanjay Kumar Singh, Shashank Vikram Shah Counsel for Respondent(s) : G.A. Rabiya Bano .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Others .....Respondent(s) denying for marriage. In the present case, one 'Nikaahnama' has been enclosed as Annexure No. 1 and its translated version has also been enclosed, wherein the fact has been indicated that the son of the petitioner has got married with the prosecutrix on 21.07.2025. In paragraph no. 4 of the instant writ petition, it has been contended that the aforesaid marriage 'Nikaah' has forcibly been solemnized. Notably, the said marriage or the genuineness of "Nikaahnama" has not yet been challenged in any Court of law or before any authority. In these circumstances, when the son of the petitioner has got married with the prosecutrix, then the prayers so made in the present writ petition are misconceived, in as much as, it is not clear as to how, the life and liberty of the present petitioner is under threat. However, if the petitioner is at all aggrieved, she may approach the Superintendent of Police, Sultanpur, preferring a representation seeking ventilation of her grievance and that representation may be considered and disposed of strictly in accordance with law. 5. The writ petition is finally disposed of in terms of the aforesaid. August 29, 2025 Arun CRLP No. 7470 of 2025 2 (Syed Qamar Hasan Rizvi,J.) (Rajesh Singh Chauhan,J.) Digitally signed by :- ARUN KUMAR High Court of Judicature at Allahabad, Lucknow Bench