SANTOSH KUMAR DWIVEDI AND ANOTHER v. STATE OF U.P. AND 3 OTHERS
WRIC/25195/2025 · 2025-08-13
Prashant Kumar, Saurabh Dwivedi Registrar J Cpc
body2025
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[ 2025 DAILYLAW 80423 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 80423 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:138828-DB Court No. - 39 Case :- WRIT - C No. - 25195 of 2025 Petitioner :- Santosh Kumar Dwivedi And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ram Sajiwan Mishra,Satyam Mishra Counsel for Respondent :- C.S.C. Hon'ble Arindam Sinha,J. Hon'ble Prashant Kumar,J.
1. Mr. Ram Sajiwan Mishra, learned advocate appears on behalf of petitioners and submits, his clients are senior citizens. Respondent no.3 is their son and respondent no.4, the daughter-in-law. She lodged false complaint and his clients were taken into custody. Subsequently, on being enlarged on bail, they have not been allowed to return to their house by the daughter-in-law. His clients approached respondent no.2 (the District Magistrate). He rejected their appeal for assistance on saying, domestic violence cases are pending. On query he submits, respondent nos. 3 and 4 are living together with the children in his clients' house. On further query he points out such prayer made by his clients in their representation dated 13th January, 2025 to respondent no.2. He seeks interference.
2. Mr. Krishna Mohan Mishra, learned advocate, Additional Chief Standing Counsel appears on behalf of State.
3. We are satisfied impugned order was made without application of mind. Prayer in the representation being for assistance to enable petitioners to stay in their own house, same must be considered as discharge of duty of the office cast by rule 21 in Uttar Pradesh Maintenance and Welfare of Parents and Senior Citizens Rules,
2014.
4. The representation is restored to respondent no.2 for
consideration and action taken as may be necessary. We request Mr. Krishna Mohan Mishra to forthwith communicate website copy of this order to said respondent. Petitioners will also do so.
5. The writ petition is disposed of.
Order Date :- 14.8.2025 Gurpreet Singh (Arindam Sinha, J.) (Prashant Kumar,J.) Digitally signed by :- GURPREET SINGH High Court of Judicature at Allahabad