Smt. Varsha Mali and Another v. State of U.P. and 3 Others

Allahabad HC12 Mar 2025WRIC/7303/2025

Case brief

AI extract

What is this about?

Protection of life and liberty of married couple; WRIT - C No. 7303 of 2025; mandamus against interference in peaceful marital life; threats by respondent no.4 with collusion of local police; inaction on representation to SP/SSP Hamirpur; direction to provide emergency mobile number answered by officer not below Sub-Inspector rank; three-month operative period with review for extension or stop; Allahabad High Court; decided 21.5.2025; Neutral Citation 2025:AHC:86030.

What did the court decide?

Writ petition allowed; SP/SSP Hamirpur directed to provide the petitioners an emergency mobile contact answered by an officer not below Sub-Inspector rank, with directions to respond to calls and protect the petitioners' liberty, operative for three months subject to review for extension or discontinuation. ¶¶14

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

What the court decided

AI extract

Outcome

¶¶14

Issue for consideration

Whether a direction in the nature of mandamus should issue restraining the respondents from interfering in the petitioners' peaceful marital life and securing police protection against threats by respondent no.4, given the alleged inaction on their representation to the SP/SSP, Hamirpur.

¶¶8

Court's answer

The Superintendent of Police/Senior Superintendent of Police, Hamirpur is directed to provide a mobile number to both petitioners, to be received by an officer not below the rank of Sub-Inspector of Uttar Pradesh Police, dialable by either petitioner in case of any urgency or emergency.

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Ratio / Principle

Specific instructions are to be issued to the officer deputed by the SP/SSP, Hamirpur to respond to the call as and when made by either petitioner, by taking all measures for protecting and safeguarding their liberty from anti-social elements or other family members of either petitioner.

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Key takeaways

The protection mechanism shall operate only for the next three months; thereafter, on assessing the circumstances and any security threat, the SP/SSP, Hamirpur shall decide whether to extend or stop it, and the decision shall be intimated to the petitioners.ratio¶¶13

Detailed headnote1 paragraphs

Allahabad High Court (Saurabh Srivastava, J.) allowed a writ petition by a couple who solemnized marriage on 18.01.2025 and alleged threats and harassment by respondent no.4 with the collusion of local police, and non-action on their representation to the SP/SSP, Hamirpur. The Court directed the SP/SSP, Hamirpur to provide both petitioners a mobile number to be received by an officer not below the rank of Sub-Inspector of Uttar Pradesh Police, dialable in any urgency or emergency; the deputed officer was directed to respond to such calls and take all measures to protect and safeguard the petitioners' liberty from anti-social elements or other family members of either petitioner. The arrangement is to operate for three months, after which the SP/SSP, Hamirpur is to assess the circumstances and security threat and decide whether to extend or stop it, intimating the petitioners.

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Neutral Citation No. - 2025:AHC:86030

¶2

Court No. - 74

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Case :- WRIT - C No. - 7303 of 2025

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

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Hon'ble Saurabh Srivastava,J.

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Learned Standing Counsel for the State has handed over a copy of the instructions, the same is taken on record.

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Heard Ms. Shalini Tripathi, 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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Learned counsel for the petitioners submits that the petitioner nos. 1 and 2 have already solemnized marriage on dated 18.01.2025 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/Senior Superintendent of Police, Hamirpur but no heed has been paid, hence this petition.

¶10

Arguments as raised by Ms. Shalini Tripathi, learned counsel for petitioners seems to be justified.

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Considering the threat perception and circumstances as demonstrated through application dated 21.01.2025, Superintendent of Police/Senior Superintendent of Police, Hamirpur is hereby directed to provide a mobile number to both the petitioners which may be received by an officer not below the rank of Sub-Inspector of Uttar Pradesh Police, so that in case of any urgency or emergency, the same may be dialed by either of the petitioners for apprising any urgency or emergency arises for calling that officer.

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Specific instructions be issued to officer concerned deputed by Superintendent of Police/Senior Superintendent of Police, Hamirpur to respond the call as and when made by either of the petitioners by way of taking all measures for protecting and safeguarding their liberty from any anti-social elements or other family members of either of the petitioners.

¶13

The above mentioned system shall be operative only for next three months and thereafter assessing the circumstances and security threat, if available, the decision will be taken by Superintendent of Police/Senior Superintendent of Police, Hamirpur either to extend the same or to stop and the same shall be intimated to the petitioners.

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The writ petition stands allowed accordingly.

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Order Date :- 21.5.2025 #Vik/-

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

Smt. Varsha Mali and Another v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Smt. Varsha Mali and Another v. State of U.P. and 3 Others

Case brief

What is this about?

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What the court decided

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