KUMARI SANJANA KASHYAP AND ANOTHER v. STATE OF UP AND 3 OTHERS
WRIC/1133/2024 · 2025-09-11
Saurabh Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 8360 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 8360 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 1133 of 2024 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J.
1. Heard Sri Veer Bahadur Singh, Advocate holding brief of Mohd. Azam, learned counsel for the petitioners, learned Standing Counsel for the State- respondents and perused the material on record.
2. The petitioners' case is that the petitioner no.1 is having live-in- relationship with petitioner no. 2 against the wishes of her father/respondent no.4 as well, therefore, apprehend threat to their lives by him. In the given background, the petitioners have preferred the instant petition for seeking direction to the police/respondents to take appropriate measures to protect their lives.
3. Per contra, learned Standing Counsel submits that the Division Bench of this Court in Asha Devi & Anr. v. State of U.P. and 3 Ors (Writ C-18743 of 2020) held and reiterated the settled law by the Supreme Court in a plethora of judgments about issuing a mandamus under Article 226, the Court must determine that the aggrieved person has a legal right that has been infringed. A mandamus is a command directing a person, corporation, inferior Court, or government to perform a specified public duty. It is issued against public authorities, administrative bodies, or anyone with a statutory or common law duty. The petitioners must prove a legal right to the performance of this duty at the time of the petition.
4. Admittedly, the petitioner no.1 is having live-in-relation with petitioner no.2 and as such no writ under Article 226 is issued in their favour.
5. In view thereof, the instant petition is devoid of merits and is, accordingly, dismissed. September 12, 2025 #Vik/- Versus Counsel for Petitioner(s) : Chandra Prakash Pandey, Javed Alam, Mohd. Azam Counsel for Respondent(s) : C.S.C. (Saurabh Srivastava,J.) Kumari Sanjana Kashyap And Another .....Petitioner(s) State Of Up And 3 Others .....Respondent(s) Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad