Smt. Farha Naz @ Mahi and Another v. State of U.P. and 6 Others

Court No. - 84 Case :- WRIT - C No. - 41326 of 2023 Petitioner :- Smt. Farha Naz @ Mahi And Another Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Hemant Kumar Rai Counsel for Respondent :- C.S.C. Hon'ble Arun Kumar Singh Deshwal,J.

¶1Heard learned counsel for the petitioners as well as learned Standing Counsel for the State.

¶2Instant Civil Misc. Writ Petition under Article 226 of the Constitution has been filed by the petitioners with the following prayer:- "i) To issue a writ, order or direction in the nature of mandamus commanding the respondent no. 2 (Superintendent of Police, Shambhal), respondent no. 3 (Superintendent of Police, Rampur), respondent no. 4 (S.H.O. Nakhasa), respondent no. 5 (S.H.O. Civil Lines) may be directed that provide security to the petitioners from illegal and unwanted activities of the respondent no. 6 & 7 and his family members as well as not to interfere in the peaceful living of the petitioners."

¶3The contention of counsel for the petitioners is that both the petitioners are major and willingly married and living together as husband and wife. It is also submitted that they have also applied for online registration of their marriage on 21.11.2023. In support of majority of the petitioners, High School Marksheets have also been annexed in the petition. It is further submitted that because of the marriage of the petitioners, family members of petitioner no. 1 are not happy and they are harassing the petitioners. It is next submitted that the petitioner no. 1 has also moved an application dated 22.10.2023 before respondent no. 3 i.e. Superintendent of Police, Rampur, seeking protection for herself and petitioner no. 2.

¶4Learned Standing Counsel raised objection on contention made by learned counsel for the petitioners.

¶5Considering the aforesaid submissions and upon perusal of record, it is directed that petitioner no. 1 will submit afresh application before the Superintendent of Police, Rampur. On receiving the aforesaid application, Superintendent of Police, Rampur will ensure protection of peaceful married life of the petitioners, if there is no any legal impediment.

¶6With the aforesaid observation, present petition is disposed of. Order Date :- 1.12.2023 Anjali High Court of Judicature at Allahabad