Smt. Neha Singh and Another v. State of U.P. and 3 Others

Allahabad HC27 Feb 2025WRIC/5855/2025

Case brief

AI extract

What is this about?

Allahabad High Court (Saurabh Srivastava, J.), WRIT - C No. 5855 of 2025, decided 20.5.2025, neutral citation 2025:AHC:85016. Mandamus sought against interference with peaceful marital life and for police protection; refused for want of any serious threat perception or evidence of peril to life and liberty; couple directed to the representation pending before SP/SSP Jaunpur; Section 175(3) BNSS referred to only to note absence of any such complaint; petition disposed of.

What did the court decide?

On perusal of the pleadings the Court found no serious threat perception to the petitioners, and therefore there was no requirement of passing any order providing police protection to them. ¶¶8

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

What the court decided

AI extract

Outcome

Disposed

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Issue for consideration

Whether a direction in the nature of mandamus should issue restraining the respondents from interfering with the petitioners' peaceful marital life, including the provision of police protection to them.

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Court's answer

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

¶¶8

Ratio / Principle

There was no material or reason to conclude that the petitioners' life and liberty were at peril, nor any evidence that the private respondents (relatives of the petitioners) were likely to cause physical or mental assault.

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Key takeaways

In a deserving case the Court can provide security to a couple, but cannot lend them the support they have sought in such a petition.ratio¶¶10
If any person misbehaves or manhandles the petitioners, the courts and police authorities are there to rescue them, but security cannot be claimed as a matter of course or right without any serious threat.ratio¶¶11
The representation already moved before the SP/SSP, Jaunpur is the proper avenue: in case the concerned police finds a real threat perception, they will do the needful in accordance with law.ratio

Detailed headnote1 paragraphs

Writ petition seeking a mandamus directing the respondents not to interfere with the petitioners' peaceful marital life. Held: on the pleadings there was no serious threat perception and no material to show that the petitioners' life or liberty was at peril; security cannot be claimed as a matter of course or right without serious threat, though in a deserving case the Court can provide protection to a couple. The petitioners' representation before the SP/SSP, Jaunpur was to be acted upon by the police if a real threat perception were found; no averment of any complaint culminating in a case under Section 175(3) BNSS was made. Petition disposed of. No precedent cited.

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Neutral Citation No. - 2025:AHC:85016

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Court No. - 74

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Case :- WRIT - C No. - 5855 of 2025

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Petitioner :- Smt. Neha Singh And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ajay Singh Yadav,Arvind Kumar 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 Additional Chief 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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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.

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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.

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

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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.

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Needless to observe that petitioners have already moved a representation before the Superintendent of Police/Senior Superintendent of Police, Jaunpur and in case the concerned police finds a real threat perception, they will do the needful in accordance with law.

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It is also observed that no specific application in shape of

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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.

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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.

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Order Date :- 20.5.2025 #Vik/-

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

Smt. Neha Singh and Another v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Smt. Neha Singh 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

Statutes considered

Procedural history

Parties & counsel

Coram

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