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2025 DAILYLAW 199511 (ALL)

SMT. ANEETA SINGH AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. CIVIL SECTT. LKO. AND OTHERS

CRLP/2416/2024 · 2025-10-28

Rajnish Kumar, Zafeer Ahmad

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 2416 of 2024 Court No. - 10 HON'BLE RAJNISH KUMAR, J. HON'BLE ZAFEER AHMAD, J. 1. Case called out. 2. No one is present on behalf of the petitioners to press this petition nor any request for adjournment or pass over has been made whereas learned A.G.A. for the State is present. 3. This Court had passed the following order on 12.04.2024:- "Supplementary Affidavit filed today in the Court is taken on record. Heard learned counsel for the petitioners, learned A.G.A. and perused the record. By means of this writ petition, the petitioners prayed for issuance of mandamus commanding the opposite parties not to harass the petitioners and interfere in the peaceful married life. The petitioners along with the supplementary affidavit have filed the bail order dated 24.01.2024 passed by the Additional Sessions/Special Judge, POCSO Act (Exclusive) Ist, Rai Bareli in the bail application No.4147 of 2023. The said bail order is with regard to an F.I.R. filed by the mother of the petitioner No.1 for being kidnapped. The Court has granted bail in favour of petitioner no.2 noting that as per the school leaving certificate the girl is major and she has married with petitioner no.2 out of her own Versus Counsel for Petitioner(s) : Gyanendra Pathak Counsel for Respondent(s) : G.A. Smt. Aneeta Singh And Another .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko. And Others .....Respondent(s) choice and free will. The statement under Section 164 Cr.P.C. to the said effect was also recorded. Learned A.G.A. states that there is a complaint of missing lodged by one Sri Shyam Singh claiming that the petitioner no.1 is his wife, however no such stand was taken either in the earlier bail or even now there is no evidence that the petitioner no1, is married with one Shyam Singh. The case for consideration is made out. Let counter affidavit be filed by the learned A.G.A. within a period of three weeks. Rejoinder Affidavit, if any, may also be filed within one week thereafter. List after four weeks. Till the next date of listing, the opposite parties shall not unnecessarily interfere in the peaceful married life and liberty of the petitioners in any manner, if they are not wanted in any criminal case. The petitioners shall, however, cooperate in the investigation. " 4. Learned A.G.A., on the basis of instructions dated 07.04.2024 received from Sri Rajveer Singh, Sub Inspector / Investigating Officer, Police Station Mahrajganj, District Raibareli, submits that the petitioners are not being harassed in any manner and no legal action has been taken by the respondent Nos.1 to 3, therefore, this petition is misconceived. The said instructions are taken on record. 5. Dismissed accordingly. October 28, 2025 Saurabh CRLP No. 2416 of 2024 2 (Zafeer Ahmad,J.) (Rajnish Kumar,J.) Digitally signed by :- SAURABH VERMA High Court of Judicature at Allahabad, Lucknow Bench