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2025 DAILYLAW 196628 (ALL)

NOOR SHABA AND ANOTHER v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME LKO. AND OTHERS

CRLP/9630/2025 · 2025-10-10

Amitabh Kumar Rai, Rajesh Singh Chauhan

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 9630 of 2025 Court No. - 9 HON'BLE RAJESH SINGH CHAUHAN, J. HON'BLE AMITABH KUMAR RAI, J. 1. Heard learned counsel for the petitioners, learned A.G.A. for the State-respondents and perused the material placed on record. 2. In view of the proposed order being passed, notice to respondent Nos.6 and 7 is hereby dispensed with. 3. This writ petition has been filed with the following main prayer :- (i) Issue a writ, order or direction in the nature of 'Mandamus' thereby commanding the respondents; not to harass the petitioners and provide adequate security to the petitioners, they want to unite themselves in the pious relation of husband and wife and the Petitioner No. 1 wants to convert herself to Hinduism from Islam, not only with sole purpose to marry to a boy of 'Hindu Religion'; whether she has developed enormous faith and interest in Hinduism, its rites, rituals and mythology. Further, as per the Article 25 of the Constitution of India; every individual has got freedom of conscience and rights to freely profess practice and propagate religion and in exercise of her fundamental rights; she wants to convert her to Hinduism. 4. Learned counsel for the petitioners has stated that both the petitioners are major persons and are in affair. His further submission is that the petitioners are willing to get married but, on account of their different religions, they could not marry as of today. 5. Be that as it may, since both the petitioners are major persons and Versus Counsel for Petitioner(s) : Piyush Shrivastava, Mahendra Singh, Prabhat Singh Rathour Counsel for Respondent(s) : G.A. Noor Shaba And Another .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. And Others .....Respondent(s) willing to get married, liberty is granted to them to take appropriate steps before the competent authority within a period of one month. If such appropriate steps are taken by the petitioners, the competent authority may pass appropriate order strictly in accordance with law. 6. It is needless to say that there is no F.I.R. against the present petitioners; therefore, they may not be harassed by any person, be it police personnel or private individuals. If their liberty is curtailed in any manner whatsoever without following due procedure of law, the police authorities or district administration shall provide them proper protection. 7. In view of the aforesaid terms, the writ petition is disposed of. October 10, 2025 Ashish Dewal CRLP No. 9630 of 2025 2 (Amitabh Kumar Rai,J.) (Rajesh Singh Chauhan,J.) Digitally signed by :- ASHISH DEWAL High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ASHISH DEWAL High Court of Judicature at Allahabad, Lucknow Bench