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2025 DAILYLAW 174924 (ALL)

MOHAMMAD AKHTER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS

CRLP/10308/2025 · 2025-11-04

Abdul Moin, Babita Rani

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 10308 of 2025 Court No. - 11 HON'BLE ABDUL MOIN, J. HON'BLE MRS. BABITA RANI, J. 1. Heard learned counsel for the petitioner and learned Additional Government Advocate appearing on behalf of respondent Nos. 1 to 3. 2. In view of proposed order, notice to respondent No.4 is hereby dispensed with. 3. Instant writ petition has been filed seeking a writ of mandamus commanding the opposite parties not to harass and victimize the peaceful life of the petitioner by making nocturnal visits and further not to curtail the right of personal life and liberty of the petitioner. 4. The contention of learned counsel for the petitioner is that an FIR No. 0513 of 2025 has been lodged on 12.10.2025 against the brother of the petitioner and other family members of the petitioner (but not the petitioner) under Sections 87, 137(2), 305(a), 352 & 351(3) of B.N.S., 2023. 5. As per version of the said FIR, the daughter of the complainant has been enticed away by the persons as named in the FIR. Further contention is that once the FIR has not been lodged against the petitioner rather against the other family members of the petitioner there cannot be taken occasion for the respondents authority to harass the petitioner by making nocturnal visits at his house and adopting other coercive measures against him. Versus Counsel for Petitioner(s) : Mohd.Anas Siddiqui Counsel for Respondent(s) : G.A. Mohammad Akhter .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Respondent(s) 6. On the other hand, learned AGA states that the girl has given her statement under Section 183 B.N.S.S., 2023 per which she has stated her age to be 18 years and 08 months and that she is in love with Sri Ajmal brother of the petitioner (indicated as Saddam in the FIR) and that she has gone on her own accord on 01.08.2025 to Mumbai, they have got married in the court and that she does not want to return back to her house. 7. Considering the aforesaid statement of the girl, it is thus apparent that the girl has gone away on her own accord from the house of complainant/respondent No.4 and consequently there cannot be any occasion of harassment of the petitioner who has also not been named in the FIR. 8. Considering the aforesaid, the writ petition is disposed of with mandamus commanding the respondents authority not to harass the petitioner in any manner. 9. In case any harassment of the petitioner continues even subsequent to passing of this order, once the statement of the girl has come under Section 183 B.N.S.S., the same may be considered as a contempt of the order of this Court. November 4, 2025 Reena/- CRLP No. 10308 of 2025 2 (Mrs. Babita Rani,J.) (Abdul Moin,J.) Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench