Smt Khushnuma and Another Vs State of Up and 3 Others — Allahabad HC (2025) — LawSathi Research

Smt Khushnuma and Another Vs State of Up and 3 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

The sought police protection was not granted. Instead, the Court directed the SHO, Police Station Gangoh, District Saharanpur to conduct a thorough inquiry into the procurement of the forged Aadhar Card, to lodge an FIR and investigate in accordance with law if a cognizable offence is revealed, and to submit the action taken report before the concerned Chief Judicial Magistrate within three months from production of a certified copy of the order.

Issue for consideration

Whether the writ petition seeking police protection was founded on a forged Aadhar Card, and what inquiry and consequential action should be directed.

Court's answer

Prima facie, the petitioners filed the instant writ petition on the basis of a forged Aadhar Card, the ossification report issued by the C.M.O. Saharanpur showing petitioner no.1 aged about 40-50 years whereas her Aadhar Card shows she is about 24 years.

Ratio / Principle

Respondent no.3, the Station House Officer, Police Station Gangoh, District Saharanpur, is directed to conduct a thorough inquiry into the matter and verify from the petitioners from where they procured the forged Aadhar Card used to approach the Court seeking protection.

Key takeaways

If, during the course of the inquiry/investigation, it is revealed that a cognizable offence has been committed by the petitioners, an FIR is to be lodged and an investigation conducted in accordance with the law.ratio¶¶10
The action taken report is to be submitted before the concerned Chief Judicial Magistrate within three months from the date of production of a certified copy of the order.ratio¶¶10

Detailed headnote1 paragraphs

Allahabad High Court (Court No. 76), Vinod Diwakar, J., order dated 9.1.2025 (Neutral Citation 2025:AHC:6053) in WRIT - C No. 14332 of 2024: A couple who solemnized their marriage without parental consent sought police protection. On police verification, an ossification report issued by the C.M.O. Saharanpur showed petitioner no.1 to be aged about 40-50 years, whereas her Aadhar Card showed her to be about 24 years; the Court therefore prima facie found that the writ petition had been filed on the basis of a forged Aadhar Card. The Court directed respondent no.3, the Station House Officer, Police Station Gangoh, District Saharanpur, to conduct a thorough inquiry into the source of the forged Aadhar Card, to lodge an FIR and investigate in accordance with law if a cognizable offence is revealed, and to submit the action taken report before the concerned Chief Judicial Magistrate within three months from the date of production of a certified copy of the order. Protection was not granted.

Neutral Citation No. - 2025:AHC:6053

Court No. - 76

Case :- WRIT - C No. - 14332 of 2024

Petitioner :- Smt Khushnuma And Another Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Chandra Shekhar Mishra Counsel for Respondent :- C.S.C.

Hon'ble Vinod Diwakar,J.

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

The petitioners have filed the instant petition to seek protection from the police as they solemnized their marriage without the consent of their parents.

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 report, it's revealed that as per ossification report issued by the C.M.O. Saharanpur, the petitioner no. 1 is aged about 40-50 years, whereas as per her Aadhar Card she is about 24 years, therefore, prima facie, it's revealed that the petitioners have filed the instant writ petition on the basis of forged Aadhar Card. A reference is invited to the police verification report, produced and taken on record.

In such circumstances, respondent no.3-Station House Officer, Police Station Gangoh, District Saharanpur is directed to conduct a thorough inquiry in the matter and verify from the petitioners that from where they have procured the forged Aadhar Card to approach this Court seeking protection. During the course of

inquiry/investigation if it's revealed that a cognizable offence is committed by the petitioners, an FIR be lodged and an investigation be conducted in accordance with the law. The action taken report be submitted before the Chief Judicial Magistrate, concerned within three months from the date of production of a certified copy of this order.

Order Date :- 9.1.2025 Ujjawal

Justice Vinod Diwakar

Digitally signed by :- UJJAWAL High Court of Judicature at Allahabad