Smt. Rajani and Another Vs State of U.P. and 3 Others

Neutral Citation No. - 2025:AHC:123316

Court No. - 77

Case :- WRIT - C No. - 19072 of 2025

Petitioner :- Smt. Rajani And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Brijesh Kumar Mishra Counsel for Respondent :- C.S.C.

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Hon'ble Saurabh Srivastava,J.

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Heard learned counsel for petitioners and learned Standing Counsel for the State-respondents.

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By way of the present writ petition, a direction in the nature of mandamus directing the respondents not to interfere in peaceful marital life of petitioners, has been sought.

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It is the case of the petitioners that they have already solemnized marriage on dated 20.05.2025 and and they have also applied online on dated 20.05.2025 seeking registration of their marriage and for that they are being threatened and harassed by respondent no. 4 with the collusion of local police. Learned counsel for petitioners further submitted that in pursuance of the hindrances being created by respondent no. 4, petitioners moved a representation before Superintendent of Police, Aligarh but no heed has been paid, hence this petition.

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Per contra, learned Standing Counsel vehemently opposed the prayer sought through the instant petition by way of submitting that it is true that both the petitioners are major and have solemnized marriage but at the same time, it has been submitted that if the concerned police authorities are not paying any heed towards the grievances of petitioners, they may approach the learned court concerned by way of filing application under Section 175(3) BNSS for seeking direction in favour of concerned police authorities for lodging FIR against respondent no.4 in pursuance of the threats which are being given by respondent no.4 to the petitioners.

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A precise query has been made before learned counsel for petitioners that whether any application under Section 175(3) BNSS for seeking direction in favour of concerned police authorities for lodging FIR against respondent no.4, has been preferred, in reply to the same, learned counsel for petitioners fairly contended that no such application has ever been preferred.

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After having the rival contentions raised by learned counsel for parties as well as perusal of the records, it is observed that no specific application in shape of information preferred before the concerned police authorities for lodging any FIR against any illegal conduct carried out by the private respondent, if that be so, and no heed has ever been paid by the concerned police authorities, there is no specific averment available in the petition that any case has been instituted in pursuance to Section 175(3) of BNSS.

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In view thereof, the present petition stands disposed of with liberty to the petitioners to approach the concerned police authorities by way of preferring specific application for lodging FIR against any illegal conduct carried out by the private respondent.

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Superintendent of Police, Aligarh shall ensure that petitioners will not be harassed by local police in connection with the marriage solemnized by them.

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Learned Standing Counsel shall intimate this order to Superintendent of Police, Aligarh within a period of 48 hours.

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Order Date :- 24.7.2025 Rakesh

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Digitally signed by :- RAKESH SINGH High Court of Judicature at Allahabad

Smt. Rajani and Another v. State of U.P. and 3 Others

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