In a writ petition seeking mandamus for safety and security from polynomial intervinees and police harassment, the court relied on a Division Bench precedent and dismissed the petition without granting relief.
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Court No. - 78
Case :- WRIT - C No. - 38221 of 2022
Petitioner :- Smt Upasna Maurya And Another Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Ram Tiwari Counsel for Respondent :- C.S.C.,Sunil Kumar Dubey
Hon'ble Deepak Verma,J.
Counter affidavit filed today by Sri Sunil Kumar Dubey, Advocate, on behalf of respondent no.4, is taken on record.
Heard learned counsel for the petitioners, learned counsel for the informant, learned Standing Counsel and perused the record.
Petitioners have filed the present petition seeking following relief:
"(a) Issue a writ, order or direction in the nature of mandamus commanding the respondent nos.1 to 3 to ensure the safety and security of the petitioners from the respondent nos. 4 to 9 and also ensure that the petitioners are not put to any undue harassment by the police authorities at the behest of the respondent nos. 4 to 9, merely on the account of the fact that the petitioners have married out of their own sweet will due to love and affection without any coercion or force."
In the copy of Pariwar Register, annexed with the counter affidavit filed on behalf of respondent no.4, petitioner no.2 (Shyoraj Singh) is shown as husband of one Neetu Devi and petitioner no.2 has not filed any document regarding divorce from alleged wife.
Per contra, learned Standing Counsel has placed reliance over order passed by Division Bench of this Court in Writ 'C' No.11295 of 2021 (Smt.Premwati and another vs. State of U.P. & 5 others).
In view of the above, Court is not inclined to grant any relief to the petitioners. The writ petition stands dismissed .
Order Date :- 17.1.2023 SKD
Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad
1 issue framed by the court
Whether writ petition seeking security mandamus ordering safety from intervenees should be allowed?
Colour shows how this judgement treated each authority
Smt.Premwati and another vs. State of U.P. & 5 othersRelied on¶10
Writ 'C' No.11295 of 2021 (Smt.Premwati and another vs. State of U.P. & 5 others)
Smt Upasna Maurya and Another
State of U.P. and 8 Others
Deepak Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
