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2025 DAILYLAW 60330 (ALL)

USHA DEVI AND 2 OTHERS v. UTTAR PRADESH RAJYA AND 5 OTHERS

WRIC/17236/2025 · 2025-09-21

Amitabh Kumar Rai, Saral Srivastava

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 17236 of 2025 Court No. - 40 HON'BLE SARAL SRIVASTAVA, J. HON'BLE AMITABH KUMAR RAI, J. 1. Heard learned counsel for the petitioners and Sri Arvind Singh, Additional Chief Standing Counsel for the respondents. 2. The petitioners by means of the present writ petition have prayed for the following relief:- "अ- परमादेश या अन्य उिचत प्रकृ ित का लेख/आदेश/िनदेर्श िनगर्त करते हुए प्रितपक्षी संख्या 1 से 5 को यह आदेिशत िकया जाय िक वो वाचीगण के िवरुद्ध िबना िकसी अिभयोग के पंजीकरण के , िकसी भी प्रकार के उत्पीडन सम्बन्धी अथवा अवैधािनक तरीके से िनरोधात्मक कायर्वाही न करें। 4- याचीगण को सम्बिन्धत थाने के उत्पीड़न से तत्काल सुरक्षा प्रदान िकये जाने के सम्बन्ध में आवश्यक कदम उठाये जाने हेतु प्रितपक्षी सं० 1 से 5 को आदेिशत िकया जाय और याची सं० 2 को उसके साथ िकये गये शारीिरक एवं मानिसक दुव्र्व्यवहार के िलए क्षितपूित िदलाये जाने हेतु प्रितपक्षी सं० 1 को आदेिशत िकया जाय। स- अन्य अनुतोष जो न्यायोिचत हो, याचीगण को प्रदान कराया जाय। द- यािचका सव्यय याचीगण के पक्ष में स्वीकार िकया जाय।" 3. This Court on 01.09.2025 passed the following order:- "1. Sri Arvind Singh, Additional Chief Standing Counsel is granted 10 days' time to seek instructions in matter as to why the Police Authorities are harassing the petitioners and why they have taken the petitioners in custody on 08.05.2025 as stated by the petitioner in paragraph No.14 of the writ petition. 2. The instructions shall be supplied by the respondent No.3-Commissioner Versus Counsel for Petitioner(s) : Anurag Mishra, Yogesh Mishra Counsel for Respondent(s) : C.S.C. Usha Devi And 2 Others .....Petitioner(s) Uttar Pradesh Rajya And 5 Others .....Respondent(s) of Police, Varanasi Division, Varanasi. 3. In case the instructions are not supplied by the next date, the respondent No.3-Commissioner of Police, Varanasi Division, Varanasi shall remain present before this Court alongwith the record to assist the Court. 4. Put up this case as fresh on 22.09.2025. " 4. Sri Arvind Singh, Additional Chief Standing Counsel on instruction, which is taken on record, states that a complaint was filed against the petitioners' family by respondent no.6 as the petitioners son, namely, Krishna Kumar had married with the daughter of respondent no.6, namely, Riya as they both both are major. To investigate the complaint, petitioners were summoned. He further submits that charge sheet has been filed filed in the criminal case against the son of the petitioners. 5. Learned counsel for the petitioners submits that the petitioners are being harassed by the respondents. He submits that the the son of the petitioner, namely, Krishna Kumar along with daughter of respondent no.6 have approached this Court by means of filing Criminal Misc. Writ Petition No.8857 of 2025, in which an interim order has been passed on 05.05.2025 staying their arrest, copy of which is enclosed as Annexure-4 (at page-33) to the writ petition. However, thereafter, the son of petitioners, namely, Krishna Kumar was arrested and has been enlarged on bail. It is submitted that a frivolous case has been lodged against the petitioners. 6. It is further contended under the garb of complaint of respondent no.6, petitioners are being harassed, to which a specific query has been raised by the Court to the learned counsel for the petitioners as to in which paragraph he has stated the date on which the petitioners were summoned by the respondent authorities, he could not indicate the relevant paragraph in the writ petition. 7. The assertions made in the writ petition are vague and as such, we are not inclined to interfere at this stage in the writ petition. 8. However, it is expected from the authorities to act in accordance with law and do not harass the petitioners' family without following the due procedure of law. In case, petitioners have any apprehension of threat to their lives from the respondent no.5, they may take appropriate remedy available to them under law. WRIC No. 17236 of 2025 2 9. Accordingly, the writ petition is dismissed with no order as to costs . September 22, 2025 NS WRIC No. 17236 of 2025 3 (Amitabh Kumar Rai,J.) (Saral Srivastava,J.) Digitally signed by :- NITIN KUMAR High Court of Judicature at Allahabad