SMT. NISHA KUMARI AND ANOTHER v. STATE OF U.P. AND 3 OTHERS
WRIC/8108/2025 · 2025-04-17
Saurabh Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 31666 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 31666 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:58304 Court No. - 74 Case :- WRIT - C No. - 8108 of 2025 Petitioner :- Smt. Nisha Kumari And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Dheeraj Kumar Tiwari Counsel for Respondent :- C.S.C. Hon'ble Saurabh Srivastava,J.
1. Heard learned counsel for petitioners and Sri Yogesh Kumar, learned Standing Counsel for the State-respondents. 2. By way of the present writ petition, a direction in the nature of mandamus directing the respondents not to interfere in peaceful marital life of petitioners, has been sought. 3. Upon perusal of the pleadings, this Court does not find any serious threat perception to the petitioners and, therefore, there is no requirement of passing any order for providing police protection to them. 4. There is no material or reason for this Court to conclude that the petitioners' life and liberty are at peril. There is not even an iota of evidence to evince that private respondents (relatives of either of the petitioners) are likely to cause physical or mental assault to the petitioners. 5. In a deserving case, the Court can provide security to the couple, but cannot lend them the support they have sought. 6. If any person misbehaves or manhandles them, the Courts and police authorities are there to come to their rescue, but they cannot claim security as a matter of course or right without any serious threat. 7. Needless to observe that petitioners have already moved a representation before the Superintendent of Police, Deoria and in case the concerned police finds a real threat perception, they will do the needful in accordance with law. 8. It is also observed that no specific application in shape of information preferred before the concerned police authorities for
lodging any FIR against any illegal conduct carried out by the private respondents, if that be so, and no heed has ever been paid by the concerned police authorities, there is no specific averment available in the petition that any case has been instituted in pursuance to Section 175(3) of BNSS. 9. In view thereof, no case made out for seeking indulgence of the Court over the prayer as made in the petition, hence, the same is hereby disposed of. 10.
However, it is made clear that the protection granted earlier to the petitioners is hereby discontinued and extension shall be subject to fresh assessment made by concerned police authority. Order Date :- 18.4.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad