SMT. MEERA DEVI AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME U.P. LKO. AND 3 OTHERS
CRLP/8371/2025 · 2025-09-22
Rajesh Singh Chauhan, S Q H Rizvi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 162808 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 162808 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 8371 of 2025 Court No. - 9 HON'BLE RAJESH SINGH CHAUHAN, J.
HON'BLE SYED QAMAR HASAN RIZVI, J.
1. Heard Sri Santosh Kumar Kanaujia, learned counsel for the petitioners and Sri S.N. Tilhari, learned AGA for the State-opposite parties no.1 to 3.
2. In view of the proposed order, notice to opposite party no.4 is hereby dispensed with.
3. By means of this petition, the petitioners have prayed following main relief:-
"(i) Issue a writ, order or direction in the nature of Mandamus directing opposite parties not to harass the petitioners and not to interfere in peaceful matrimonial life of the petitioners except in accordance with law."
4. At the very outset, Sri Tilhari has stated that FIR has been lodged against petitioner no.2 and the same has not been assailed.
5. Learned counsel for the petitioners has stated that pursuant to the FIR, statements of the petitioners have been recorded by the police and they have been permitted to leave the police station after recording the statements. They are living together as husband and wife peacefully. Therefore, the present writ petition may be disposed of directing the investigating agency not to harass the petitioners unnecessarily.
6. Be that as it may, as per learned counsel for the petitioners, statements of the petitioners have been recorded by the police pursuant to the FIR Versus Counsel for Petitioner(s) : Santosh Kumar Kanaujia Counsel for Respondent(s) : G.A. Smt. Meera Devi And Another .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home U.P. Lko. And 3 Others .....Respondent(s)
and they have been permitted to leave the police station and are living together as husband and wife, then there is no need to pass such order inasmuch as if two major persons are living together as husband and wife, no one can create any restriction in their peaceful life, be it police or the private person. At the same time, it is also expected from the petitioners to cooperate in the investigation strictly in accordance with law.
7. The writ petition is consigned to record. September 22, 2025 RBS/- CRLP No. 8371 of 2025 2 (Syed Qamar Hasan Rizvi,J.) (Rajesh Singh Chauhan,J.) Digitally signed by :- RAM BIR SINGH High Court of Judicature at Allahabad, Lucknow Bench