SMT PREETI KUMARI AND ANOTHER v. STATE OF U.P. AND 3 OTHERS
WRIC/25563/2025 · 2025-08-10
Saurabh Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 81608 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 81608 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:136021
Court No. - 77 Case :- WRIT - C No. - 25563 of 2025 Petitioner :- Smt Preeti Kumari And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Chandra Jeet Yadav Counsel for Respondent :- C.S.C. Hon'ble Saurabh Srivastava,J.
1. Heard learned counsel for petitioners and 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. It has been submitted by learned counsel for the petitioners that marriage between petitioners has already been solemnized and both the petitioners are rendering their services at All India Institute of Medical Sciences, Azamgarh. 4. Learned counsel for the petitioners submitted that as per instructions they have intended to apply for registering their marriage but at the same time in-laws of petitioner no.2 who are residing at Gopalganj, Bihar are disturbing their peaceful life with aid of the police. 5. Per contra, learned Standing Counsel vehemently opposed the prayer sought through the instant petition by way of submitting that it is true that both the petitioners are major and have solemnized marriage but at the same time, it has been submitted that if the concerned police authorities are not paying any heed towards the grievances of petitioners, they may approach the learned court concerned by way of filing application under Section 175(3) BNSS for seeking direction in favour of concerned police authorities for lodging FIR against respondent no.4 in pursuance of the threats which are being given by respondent no.4 to the petitioners. 6. A precise query has been made before learned counsel for petitioners that whether any application under Section 175(3) BNSS for seeking direction in favour of concerned police authorities for lodging FIR against respondent no.4, has been preferred, in reply to the same, learned counsel for petitioners fairly contended that no such application has ever been preferred. 7.
After having the rival contentions raised by learned counsel for parties as well as perusal of the records, it is 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 respondent, 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. 8. In view thereof, the present petition stands disposed of with liberty to the petitioners to approach the concerned police authorities by way of preferring specific application for lodging FIR against any illegal conduct carried out by the private respondent. 9. Superintendent of Police, Azamgarh shall ensure that petitioners will not be harassed by local police in connection with the marriage solemnized by them. 10. Learned Standing Counsel shall intimate this order to Superintendent of Police, Azamgarh forthwith. Order Date :- 11.8.2025 Rakesh Digitally signed by :- RAKESH SINGH High Court of Judicature at Allahabad