Smt. Khusabu and Another Vs State of U.P. and 3… — Writ and Judicial Review | Allahabad HC (2025)

Smt. Khusabu and Another Vs State of U.P. and 3… — Writ and Judicial Review | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Disposed

Issue for consideration

Whether the Court should issue a direction in the nature of mandamus directing the respondents not to interfere in the peaceful marital life of the petitioners (with the attendant expectation of police protection). +2 more

Court's answer

No case was made out for seeking the Court's indulgence over the prayer made in the petition; accordingly the writ petition was disposed of.

Ratio / Principle

On perusal of the pleadings, the Court found no serious threat perception to the petitioners and concluded there was no requirement to pass any order providing police protection to them.

Key takeaways

The Court held there was no material or reason to conclude that the petitioners' life and liberty were at peril, and not even an iota of evidence that the private respondents (relatives of either petitioner) were likely to cause physical or mental assault.ratio¶13
In a deserving case the Court can provide security to a couple but cannot lend the support sought; persons who are misbehaved with or manhandled may resort to the courts and police, but security cannot be claimed as a matter of course or right without any serious threat.ratio¶15
Observation that the petitioners had already moved a representation before the Superintendent of Police/Senior Superintendent of Police, Hathras, and that if the concerned police finds a real threat perception they will do the needful in accordance with law.

Detailed headnote1 paragraphs

Allahabad High Court (Saurabh Srivastava, J.; decision dated September 10, 2025) disposed of Writ - C No. 19891 of 2025 filed by Smt. Khusabu and another seeking a direction in the nature of mandamus that the respondents (including private respondents, described as relatives of either petitioner) not interfere in the petitioners' peaceful marital life. On perusal of the pleadings the Court found no serious threat perception and no requirement to pass any order for police protection; there was no material to conclude the petitioners' life and liberty were at peril, nor any evidence that the private respondents were likely to cause physical or mental assault. The Court observed that in a deserving case security can be provided to a couple, but security cannot be claimed as a matter of course or right without any serious threat. It further noted the petitioners' existing representation before the SP/SSP, Hathras (police to act per law if a real threat perception is found) and the absence of any averment regarding lodging of FIR information or institution of a case pursuant to Section 175(3) of BNSS. Finding no case made out for indulgence, the petition was disposed of without relief.

HIGH COURT OF JUDICATURE AT ALLAHABAD

WRIT - C No. - 19891 of 2025

Smt. Khusabu And Another

.....Petitioner(s)

Versus

State Of U.P. And 3 Others

Counsel for Petitioner(s)	: Girish Kumar,	Vijay Tripathi .....Respondent(s)
Counsel for Respondent(s)	: C.S.C.

Court No. - 77

HON'BLE SAURABH SRIVASTAVA, J.

Heard learned counsel for the parties.

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.

Upon perusal of the pleadings, this Court does not find any serious threat perception to the petitioners and, therefore, there is no requirement of passing any order for providing police protection to them.

There is no material or reason for this Court to conclude that the petitioners' life and liberty are at peril. There is not even an iota of evidence to evince that private respondents (relatives of either of the petitioners) are likely to cause physical or mental assault to the petitioners.

In a deserving case, the Court can provide security to the couple, but cannot lend them the support they have sought.

If any person misbehaves or manhandles them, the Courts and police authorities are there to come to their rescue, but they cannot claim security as a matter of course or right without any serious threat.

Needless to observe that petitioners have already moved a representation before the Superintendent of Police/Senior Superintendent of Police, Hathras and in case the concerned police finds a real threat

WRIC No. 19891 of 2025

2

perception, they will do the needful in accordance with law.

It is also 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 respondents, 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.

In view thereof, no case made out for seeking indulgence of the Court over the prayer as made in the petition, hence, the same is hereby disposed of.

(Saurabh Srivastava,J.)

September 10, 2025 #Vik/-

Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad