Mahendra and 3 Others vs State of U.P. and 3 Others — Allahabad HC (2026) — LawSathi Research

Mahendra and 3 Others vs State of U.P. and 3 Others — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Interim protection: till the next date of listing, petitioners Mahendra, Kajal alias Kajal Saroj, Khushboo and Kavita not to be arrested in Case Crime No. 23 of 2026; notice issued to respondent no. 4 returnable on 11.05.2026 at 02:00 p.m.; matter adjourned to 11.05.2026; Registrar (Compliance) directed to communicate the order to the CJM, SSP and SHO, Azamgarh the same day.

Issue for consideration

Whether the petitioners, who claim to have inter se married on 22.01.2026, are entitled to protection from arrest in Case Crime No. 23 of 2026 (Sections 87, 61(2) BNS, P.S. Bardah, Azamgarh) pending disposal of the writ petition.

Court's answer

Till the next date of listing, the petitioners Mahendra, Kajal alias Kajal Saroj, Khushboo and Kavita shall not be arrested in Case Crime No. 23 of 2026, under Sections 87, 61(2) of the Bharatiya Nyaya Sanhita, 2023, Police Station Bardah, District Azamgarh.

Ratio / Principle

On the return date (11.05.2026 at 02:00 p.m.), the first petitioner Mahendra and the second petitioner Kajal alias Kajal Saroj are to remain present in person before the Court.

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (J.J. Munir and Tarun Saxena, JJ.), interlocutory order dated May 1, 2026 in Criminal Misc. Writ Petition No. 2987 of 2026, Mahendra and others v. State of U.P. and others: petitioners plead that petitioner nos. 1 and 2 married according to Hindu rites on 22.01.2026 and live as man and wife. Pending admission, notice was ordered to respondent no. 4 returnable on 11.05.2026, with the first and second petitioners directed to appear in person. Until the next date of listing, the petitioners (Mahendra, Kajal alias Kajal Saroj, Khushboo and Kavita) were protected from arrest in Case Crime No. 23 of 2026 under Sections 87, 61(2) of the Bharatiya Nyaya Sanhita, 2023, Police Station Bardah, District Azamgarh. The Registrar (Compliance) was directed to communicate the order the same day to the Chief Judicial Magistrate, the Senior Superintendent of Police and the Station House Officer concerned.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 2987 of 2026

Mahendra and others

.....Petitioner(s)

Versus

State of U.P. and others

.....Respondent(s)

Counsel for Petitioner(s)	: Rajeev Upadhyay
Counsel for Respondent(s)	: G.A.

Court No. - 47

HON'BLE J.J. MUNIR, J. HON'BLE TARUN SAXENA, J.

According to the petitioners, the second petitioner is a major, her date of birth being 10.12.2005, according to her high-school certificate, a photostat copy of which is appended at Page No. 25 of the Paper Book. It is urged that the first and the second petitioner have married according Hindu rites at the Ganpati Sabhagrih on 22.01.2026, and are living together as man and wife. The petition is supported by a joint affidavit of both the petitioners.

Pending admission issue notice.

Notice on behalf of respondent nos. 1 to 3 is accepted by Mr. Deepakh Kapoor, learned Additional Government Advocate. He is granted ten days' time to file a counter affidavit.

Issue notice to respondent no. 4, returnable on 11.05.2026.

Steps for the purpose shall be taken by R.P.A.D. within 48 hours next.

Notice shall also be served upon respondent no. 4 through the learned Chief Judicial Magistrate, Azamgarh, indicating that this petition shall be listed on 11.05.2026 at 02:00 p.m.

CRLP No. 2987 of 2026

2

Adjourned to 11.05.2026 .

To be taken up in the cause list of the day for admission at 02:00 post meridiem , along with a report regarding service and the postal track attached. The office shall also put in a report regarding status of affidavits.

On the said date and time, the first petitioner, Mahendra and the second petitioner, Kajal alias Kajal Saroj shall remain present in person before the Court.

Till the next date of listing, the petitioners, to wit, Mahendra, Kajal alias Kajal Saroj, Khushboo and Kavita shall not be arrested in Case Crime No. 23 of 2026, under Sections 87, 61(2) of the Bharatiya Nyaya Sanhita, 2023, Police Station Bardah, District Azamgarh.

The Registrar (Compliance) is directed to communicate this order to the learned Chief Judicial Magistrate, Azamgarh and through him, to the Senior Superintendent of Police, Azamgarh and the Station House Officer, Police Station Bardah, Azamgarh today .

(Tarun Saxena,J.) (J.J. Munir,J.)

May 1, 2026 I. Batabyal

Digitally signed by :- ISHAN BATABYAL High Court of Judicature at Allahabad