SMT. SAMREEN AND ANOTHER v. STATE OF U.P. AND 3 OTHERS
WRIC/27239/2024 · 2025-03-06
Vinod Diwakar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 88643 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 88643 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:33839 Court No. - 76 Case :- WRIT - C No. - 27239 of 2024 Petitioner :- Smt. Samreen And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Dharmendra Kumar Patel Counsel for Respondent :- C.S.C. Hon'ble Vinod Diwakar,J.
1. The instructions, handed over by the learned Standing Counsel, to the Court today, is taken on record.
2. None appeared on behalf of the petitioners even in the revised call whereas Shri Arvind Kumar Singh, learned Standing Counsel for the State-respondents is present. However, keeping in view the huge pendency of the cases, the Court proceeded to hear and dispose of the matter on the basis of assistance of learned Standing Counsel.
3. The petitioners have filed the instant petition to seek protection from the police as they solemnized their marriage without the consent of their parents.
4. On the last day of the hearing, the Court sought a verification report regarding the legitimacy and genuineness of the documents filed along with the petition. On police verification, it's revealed that the petitioners have filed the instant writ petition seeking protection by enclosing the forged birth certificates of both the petitioners. The Chief Medical Superintendent, Zila Sanyukt Chikitsalaya, Sambhal has issued a letter dated 23.09.2024, stating that the birth certificates of the petitioners which are alleged issued by the office of CMO, Sambhal on 01.08.2024 and 08.08.2024,
respectively, have not been issued by his office, therefore, both the birth certificates are forged.
5. In such circumstances, the Station House Officer, Police Station Mugalpura, District Moradabad is directed to conduct a thorough inquiry in the matter and verify from the petitioners that from where they have procured the forged birth certificates to approach this Court seeking protection. During the course of inquiry, if it's revealed that a cognizable offence is committed either by the petitioners or any third person, who helped to procure the forged birth certificates, an FIR be lodged and an investigation be conducted in accordance with the law. The action taken report be submitted before the C.J.M. concerned within a period of three months from the date of production of a certified copy of this
order. The C.J.M. shall ensure that the investigation has been conducted in a fair manner and the real culprits have been arrayed as an accused. A copy of the police report shall also be placed before S.S.P. concerned before submitting it to the Court.
6. With the above observations, the writ petition is dismissed.
Order Date :- 7.3.2025 Prajapati Justice Vinod Diwawkar Digitally signed by :- RAMKESH PRAJAPATI High Court of Judicature at Allahabad Digitally signed by :- RAMKESH PRAJAPATI High Court of Judicature at Allahabad