Disposed

Smt. Aneeta Singh and Another v. State of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko. and Others

Allahabad HC12 Apr 2024CRLP/2416/2024

Case brief

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What is this about?

Married couple sought protection from harassment by authorities, citing a bail order noting petitioner no.1 was a major who married out of free will. Court directed counter affidavits and interim protection of their peaceful married life pending further proceedings.

What did the court decide?

Interim order: opposite parties not to unnecessarily interfere with petitioners' peaceful married life and liberty till next date, if not wanted in any criminal case; petitioners to cooperate with inv

Smt. Aneeta Singh and Another vs State of U.P… — Matrimonial and Divorce | Allahabad HC (2024)

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Court No. - 9

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Case :- CRIMINAL MISC. WRIT PETITION No. - 2416 of 2024

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Petitioner :- Smt. Aneeta Singh And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko. And Others Counsel for Petitioner :- Gyanendra Pathak Counsel for Respondent :- G.A.

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Hon'ble Vivek Chaudhary,J. Hon'ble Narendra Kumar Johari,J.

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Supplementary Affidavit filed today in the Court is taken on record.

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Heard learned counsel for the petitioners, learned A.G.A. and perused the record.

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By means of this writ petition, the petitioners prayed for issuance of mandamus commanding the opposite parties not to harass the petitioners and interfere in the peaceful married life.

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The petitioners along with the supplementary affidavit have filed the bail order dated 24.01.2024 passed by the Additional Sessions/Special Judge, POCSO Act (Exclusive) Ist, Rai Bareli in the bail application No.4147 of 2023. The said bail order is with regard to an F.I.R. filed by the mother of the petitioner No.1 for being kidnapped. The Court has granted bail in favour of petitioner no.2 noting that as per the school leaving certificate the girl is major and she has married with petitioner no.2 out of her own choice and free will. The statement under Section 164 Cr.P.C. to the said effect was also recorded.

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Learned A.G.A. states that there is a complaint of missing lodged by one Sri Shyam Singh claiming that the petitioner no.1 is his wife, however no such stand was taken either in the earlier bail or even now there is no evidence that the petitioner no1, is married with one Shyam Singh.

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The case for consideration is made out.

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Let counter affidavit be filed by the learned A.G.A. within a period of three weeks. Rejoinder Affidavit, if any, may also be filed within one week thereafter.

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List after four weeks.

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Till the next date of listing, the opposite parties shall not unnecessarily interfere in the peaceful married life and liberty of the petitioners in any manner, if they are not wanted in any criminal case. The petitioners shall, however, cooperate in the investigation.

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(Narendra Kumar Johari,J.) (Vivek Chaudhary,J.)

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Order Date :- 12.4.2024 Arjun/-

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Digitally signed by :- ARJUN PRASAD High Court of Judicature at Allahabad, Lucknow Bench

Smt. Aneeta Singh and Another v. State of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko. and Others

Case brief

What is this about?

What did the court decide?

Smt. Aneeta Singh and Another v. State of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko. and Others

Case brief

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What did the court decide?

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