Shamim Jahan and Another v. State of U.P. and 3 Others

Court No. - 85 Case :- WRIT - C No. - 40705 of 2023 Petitioner :- Shamim Jahan And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vinay Kumar Tripathi Counsel for Respondent :- C.S.C. Hon'ble Mayank Kumar Jain,J. Heard learned counsel for the petitioners and learned Standing Counsel for the State respondents. By means of the present writ petition, the petitioners have prayed for a direction in the nature of mandamus commanding and directing the respondent nos. 4 not to harass them and interfere in their peaceful living with his own free will and choice and further commanding and directing the respondent nos. 2 and 3 to protect the life of the petitioners from respondent no. 4. It is submitted that petitioner nos. 1 and 2 are major and their date of births are 01.01.2004 and 01.06.1997 respectively according to their Aadhar Cards They are living together in live-in relationship, they are threatened by respondent nos. 4 into their peaceful living. Therefore, respondent no. 4 may be directed not to interfere in the peaceful living of the petitioners. Per contra, learned Standing Counsel submitted that this matter is squarely covered by judgement of this Court passed in Criminal Misc. Writ Petition No. 3310 of 2023, Kiran Rawat And Another Vs. State of U.P. Thru. Secy. Home, Lko. And Others, reported in 2023 SCC Online All 323. In the present writ petition, petitioner no.1 is Muslim by religion and petitioner no.2 is Hindu, therefore ratio of the judgement passed in Kiran Rawat (supra) is applicable to the present writ petition. Hence, this writ petition is accordingly dismissed. Order Date :- 11.12.2023 AKT High Court of Judicature at Allahabad