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2025 DAILYLAW 75138 (ALL)

MITHLESH AND ANOTHER v. State of U.P. AND 3 OTHERS

WRIC/22860/2024 · 2025-02-23

Vinod Diwakar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:26957 Court No. - 76 Case :- WRIT - C No. - 22860 of 2024 Petitioner :- Mithlesh And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Akhtar Ali,Pallavi Rani,Sharad Chand Rai,Shashi Chandra Counsel for Respondent :- C.S.C. Hon'ble Vinod Diwakar,J. 1. None appeared on behalf of the petitioners even in the revised call whereas Shri Ashwani Kumar Tripathi, learned Additional Chief Standing Counsel for the State-respondents is present. 2. The petitioners have filed the instant petition seeking protection from the police as they are living in live-in-relationship against the wishes of their parents. 3. Vide order dated 26.07.2024, interim protection was granted to the petitioners; thereafter the case again listed on 19.09.2024 but on that date neither the counsel for the petitioners was present nor any adjournment slip was moved on behalf of the petitioners. 4. Learned Additional Chief Standing Counsel, on the basis of instructions, states that on police verification it's revealed that the petitioner no.1-Mithlesh is already married and therefore, without obtaining decree of divorce she has no legal right to be live in live- in-relationship with petitioner no.2, therefore, learned Standing Counsel submits that the instant writ petition has been filed seeking protection on the basis of false averments. The petitioners have not approached with clean hands, therefore, the writ petition deserves to be dismissed with cost. 5. Since the petitioners have not approached the Court with clean hands, the writ petition is dismissed with cost of Rs.5,000/- to be deposited by the petitioner no.2 with the High Court Legal Services Authority within thirty days from the date of protection of a certified copy of this Court, failing which, the District Magistrate, Gautambudh Nagar is directed to recover the said amount within next thirty days. The District Magistrate concerned shall submit its report before the CJM concerned within fifteen days, thereafter. The CJM concerned shall submit its report to this Court within next fifteen days to be kept on record of this writ petition. Order Date :- 24.2.2025 Prajapati Justice Vinod Diwakar Digitally signed by :- RAMKESH PRAJAPATI High Court of Judicature at Allahabad