Dismissed¶11

Alka Devi and Another v. State of U.P. and 3 Others

Allahabad HC8 Jan 2025WRIC/17525/2024

Case brief

AI extract

What is this about?

Allahabad High Court; Vinod Diwakar J.; WRIT-C 17525/2024; Alka Devi; marriage against parents' wishes; protection plea; forged birth certificate; police verification report; respondent no.3 SHO Police Station Bahedi District Bareilly; thorough inquiry; FIR if cognizable offence; action taken report to Chief Judicial Magistrate within three months; petition devoid of merits; dismissed; order dated 9.1.2025.

What did the court decide?

Police verification revealed that the birth certificate annexed with the petition is a forged document, and the verification report was produced and taken on record. ¶8

Alka Devi and Another Vs State of U.P. and 3 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

¶11

Issue for consideration

Whether the Court should grant protection to the petitioners against a threat to their lives and property from private respondent no. 4, arising from their marriage solemnised against the wishes of their parents. +1 more

¶7

Court's answer

The instant petition seeking protection was held to be devoid of merits and dismissed.

¶11

Ratio / Principle

Police verification revealed that the birth certificate annexed with the petition is a forged document, and the verification report was produced and taken on record.

¶8

Key takeaways

Respondent no.3, Station House Officer, Police Station Bahedi, District Bareilly, was directed to conduct a thorough inquiry and verify from the petitioners the source of the forged birth certificate used to approach the Court seeking protection; if during the inquiry/investigation a cognizable offence is revealed to have been committed by the petitioners, an FIR is to be lodged and investigation conducted in accordance with law.ratio¶9
The action-taken report of the inquiry/investigation 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 (Vinod Diwakar, J.) dismissed WRIT - C No. 17525 of 2024 filed by Alka Devi and another, who had sought protection against a threat to their lives and property from private respondent no. 4 after solemnizing marriage against the wishes of their parents. Court-ordered police verification established that the birth certificate annexed with the petition was a forged document, the verification report being taken on record. Respondent no.3, Station House Officer, Police Station Bahedi, District Bareilly, was directed to conduct a thorough inquiry into where the petitioners procured the forged birth certificate; if a cognizable offence by the petitioners is revealed during inquiry/investigation, an FIR is to be lodged and investigation conducted in accordance with law, with the action-taken report to be submitted before the concerned Chief Judicial Magistrate within three months of production of a certified copy of the order. The petition was held devoid of merits and dismissed. Order dated 9.1.2025.

Alka Devi and Another v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Alka Devi and Another v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

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