Disposed

Smt Asmita Bharti and Another v. State of Up and 2 Others

Allahabad HC9 Sept 2024WRIC/21399/2024

Case brief

AI extract

What is this about?

The petitioner withdrew the protection writ petition. The court observed the petition was based on forged documents and directed a thorough police inquiry into the procurement of forged Aadhar and marriage certificates, with an FIR to be lodged if a cognizable offence is revealed.

What did the court decide?

Direction for police inquiry into forged documents and filing of action taken report.

Smt Asmita Bharti and Another vs State of Up and… — Writ and Judicial Review | Allahabad HC (2024)

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Court No. - 78

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Case :- WRIT - C No. - 21399 of 2024

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Petitioner :- Smt Asmita Bharti And Another Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Sanjay Singh Counsel for Respondent :- C.S.C.

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Hon'ble Vinod Diwakar,J.

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Heard learned counsel for the petitioners, Shri Ashwani Kumar Tripathi, learned Additional Chief Standing Counsel for the Staterespondents and perused the record.

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The instant writ petition has been filed by the petitioners seeking protection from this Court apprehending threat to their life as they have performed their marriage against the wishes of their parents. The petitioners claimed to have attained the age of majority at the time of solemnization of marriage and they married in accordance with the provisions of Hindu Marriage Act, 1955.

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Learned Additional Chief Standing Counsel on the basis of the instructions states that on police verification it's revealed that Shri Dinesh Sharma, the purohit/Acharya of the Temple has stated that neither he has solemnized the marriage of the petitioners at Shiv Sain Mandir Aagapur Road, Jawalanagar, Rampur on 29.05.2024 nor has issued any marriage certificate in favour of the petitioners and further on inquiry the petitioner no.2 Anand Kumar has stated that marriage certificate has been provided to him by his Advocate.

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Learned counsel for the petitioners states that he is not pressing the writ petition on merit and submits that petitioners have solemnized their marriage at Om Shiv Sain Mandir, Aagapur Road, Jwalanagar, District Rampur and are living has husband and

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wife but now states that he wants to withdraw the writ petition.

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The writ petition has been filed on the basis of forged documents and an inquiry is necessary in the given facts and circumstances to meet out the ends of justice.

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It is in the fitness of law that the conduct of the petitioners shall also be inquired into as the petitioners have approached this Court invoking the jurisdiction of Article 226 of the Constitution of India seeking protection order on the basis of forged documents. The petitioners ought to have come to this Court with clean hands with the correct averments stated in the writ petition.

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In such circumstances, a thorough inquiry be conducted to verify from where the petitioners have procured the forged Aadhar Card to approach this Court seeking protection. The genuinity of other documents like marriage certificates shall also be inquired into by police, and if it's revealed that a cognizable offence is committed, an FIR be lodged and an investigation be conducted in accordance with the law. The action taken report be filed before the next date of hearing.

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List as fresh on 11.12.2024 along with action taken report.

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Order Date :- 12.11.2024 Prajapati

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Justice Vinod Diwakar

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Digitally signed by :- RAMKESH PRAJAPATI High Court of Judicature at Allahabad

Smt Asmita Bharti and Another v. State of Up and 2 Others

Case brief

What is this about?

What did the court decide?

Smt Asmita Bharti and Another v. State of Up and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

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Parties & counsel

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