Smt. Chanda Kumari and Another vs State of U.P. and 3 Others — Allahabad HC (2025) — LawSathi Research

Smt. Chanda Kumari and Another vs State of U.P. and 3 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Disposed

Issue for consideration

Whether a mandamus should be issued directing the respondents not to interfere in the petitioners' peaceful marital life. +1 more

Court's answer

Since the petitioners have already moved a representation before the Superintendent of Police, Jaunpur, if the concerned police finds a real threat perception, he will do the needful in accordance with law.

Ratio / Principle

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

Key takeaways

There is no material or reason to conclude that the petitioners' life and liberty are at peril, and not even an iota of evidence that the private respondents (relatives of either petitioner) are likely to cause physical or mental assault to them.ratio¶9
While the Court can provide security to a couple in a deserving case, security cannot be claimed as a matter of course or right without any serious threat; Courts and police authorities remain available if any person misbehaves or manhandles them.ratio¶11

Detailed headnote1 paragraphs

Writ petition (WRIT - C No. 343 of 2025, High Court of Judicature at Allahabad, Saurabh Srivastava, J., decided 5.4.2025; Neutral Citation 2025:AHC:48996) by Smt. Chanda Kumari and another seeking a mandamus directing the respondents not to interfere in their peaceful marital life, disposed of without granting police protection. The Court found no serious threat perception upon perusal of the pleadings, no material indicating 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. It held that while security can be provided to a couple in a deserving case, it cannot be claimed as a matter of course or right without serious threat. Noting the petitioners' existing representation before the Superintendent of Police, Jaunpur, the Court observed that if the concerned police finds a real threat perception, it will act in accordance with law; the petition contained no averment of any case instituted in pursuance to Section 175(3) of BNSS.

Neutral Citation No. - 2025:AHC:48996

Court No. - 74

Case :- WRIT - C No. - 343 of 2025

Petitioner :- Smt. Chanda Kumari And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ajeet Kumar Srivastava Counsel for Respondent :- C.S.C.

Hon'ble Saurabh Srivastava,J.

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

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, Jaunpur and in case the concerned police finds a real threat perception, he 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 . Order Date :- 5.4.2025 Rakesh

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