Noorbi and Another Vs State of Up and 3 Others

Neutral Citation No. - 2025:AHC:5767

Court No. - 76

Case :- WRIT - C No. - 21540 of 2024

Petitioner :- Noorbi And Another Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Mohd. Kamar Shah Alam 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 Arvind Kumar Singh, learned Standing Counsel for the State-respondents, and perused the record.

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The petitioner's case is that they are living in living-inrelationship as husband and wife against the wishes of their parents and, therefore, apprehends threat to their life by them. In the given background, the petitioners have preferred the instant petition for seeking direction to the police/respondents to pay appropriate measures to protect their lives.

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The petitioners, to claim the majority of age, threat to their lives and to prove bona-fides, relied upon certain documents, like Aadhar Card, Pan Card, Educational Qualification documents, Conversion Certificate issued by respective Maulvi/Quazi or Purohits.

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Under these circumstances, this Court directs the Senior Superintendent of Police, Rampur to assess the threat to the petitioners' lives from their respective parents, and accordingly take appropriate legal measures to ensure the petitioners' protection upon their request and submission of a copy of this order along with writ petition . Otherwise, Article 21 of the Constitution of India also mandates that no person shall be deprived of his life or personal liberty except according to the procedure established by law.

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It is clarified that this Court has not adjudicated/commented upon the validity or otherwise legality of the relationship between the petitioners or any other related issues. The police have the liberty to verify the Aadhar Card, Certificate-cumMarksheet issued by the Educational Board, Marriage Certificate, contents of affidavits, documents proving the petitioners' ages, or any other documents to test the petitioners' bona fides and claim .

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However, if it is found that any false information has been provided in this writ petition to mislead the Court or any incorrect/false information has been mentioned in the protection request application to the police, the respondents/police are at liberty to take appropriate legal action against the petitioners in accordance with the law.

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The instant order has been passed notwithstanding the provisions outlined in The Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021. It is clarified that the parties involved must adhere to the mandatory provisions before undertaking any religious conversion.

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The details of the petitioners mentioned in the memo of parties to the instant writ petition are outlined herein below for ready reference and record of police:

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" 1. Noorbi, D/o Irshad Khan, R/o Hajratpur, Phool Behar, Kheri, District Lakhimpur, U.P.

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Sonu son of Gadan Lal.

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Both resident of Raza Nagarm, Bilaspur Road, Police Station Swar, District Rampur. "

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With the aforesaid observations, the instant petition stands disposed of .

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Order Date :- 10.1.2025 Prajapati

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

Noorbi and Another v. State of Up and 3 Others

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