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2025 DAILYLAW 162475 (ALL)

ANAMIKA AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND OTHERS

CRLP/8291/2025 · 2025-09-16

Rajnish Kumar, Saurabh Lavania

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 8291 of 2025 Court No. - 10 HON'BLE RAJNISH KUMAR, J. HON'BLE SAURABH LAVANIA, J. 1. Heard Sri P.K. Mishra, learned counsel for the petitioners and learned A.G.A. for the State. 2. The present petition has been filed seeking following main relief:- "(i) issue a writ, order or direction in the nature of mandamus, commanding to the opposite parties not to harass or torture from any kind to the petitioners, as well as family members of petitioner No.2 by adopting any illegal activities and to secure the life and liberty of the petitioners and not to create any hindrance, disturbance and nuisance in peaceful marital life of the petitioners, in the interest of justice." 3. Learned counsel for the petitioners submits that the petitioners No.1 and 2 are major in age and on their own free will and volition, they have solemnized marriage in a temple. He further submits that since the petitioners are of different caste, therefore, they are intending to get their marriage registered before the Special Marriage Officer under the Special Marriage Act, 1954, however, the police is harassing them even after the petitioner No.2 has been granted bail by means of order dated 07.05.2025 passed in Criminal Misc. Bail Application No.1388/2025, arising out of Case Crime No.263 of 2024, under Sections 137(2), 87, 64 of B.N.S., Section 3/4 of POCSO Act and Sections 3(2)(v)/3(2)(v-a) of S.C./S.T. Act, Police Station Malipur, District Ambedkar Nagar, therefore, they are Versus Counsel for Petitioner(s) : P.K. Mishra, Vivek Pandey Counsel for Respondent(s) : G.A. Anamika And Another .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Others .....Respondent(s) not able to apply for registration of their marriage under the Special Marriage Act, 1954. Learned A.G.A., on the basis of instructions received from Sri Satrughan Singh, Sub Inspector of Police Station Malipur, District Ambedkar Nagar, submits that no offence has been found to have been committed by the petitioner No.1: Anamika, whereas in respect of the petitioner No.2: Nausad Mohammad, Charge Sheet No. A-237 dated 07.12.2024 has been forwarded and presently there is no complaint or the case registered against him. It has further been stated in the instructions that no proceeding is pending at the level of the police station and the petitioners are not being harassed. The said instructions are taken on record. In view of above, the present petition is disposed of in terms of the statement of learned A.G.A. September 16, 2025 Saurabh CRLP No. 8291 of 2025 2 (Saurabh Lavania,J.) (Rajnish Kumar,J.) Digitally signed by :- SAURABH VERMA High Court of Judicature at Allahabad, Lucknow Bench