Riyasat Ali and Another v. State of U.P. Thru. Secy. Home Civil Sectt. U.P. Lko. and Others

Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 4803 of 2023 Petitioner :- Riyasat Ali And Another Respondent :- State Of U.P. Thru. Secy. Home Civil Sectt. U.P. Lko. And Others Counsel for Petitioner :- Rizwanul Haque Ansari Counsel for Respondent :- G.A. Hon'ble Dinesh Kumar Singh,J. Hon'ble Syed Qamar Hasan Rizvi,J.

¶1This petition seeks issuance of a writ in the nature of mandamus directing the respondents not to harass the petitioners in context of their marriage.

¶2It has been pleaded that petitioners got married against the wishes of respondent no.4. Under the circumstances, respondent no.4 through police agency, is harassing the petitioners.

¶3Learned counsel appearing for the petitioners has placed reliance on the judgment of the Supreme Court in the case of Lata Singh vs State of U.P. & Anr: (2006) 5 SCC 475 to submit that the administration and police authorities throughout the country must see that the couple who have married of their free will, are not harassed by anyone or subjected to threats or acts of violence, and anyone, who does so, should be proceeded sternly in accordance with law by the authorities concerned.

¶4Evidence of marriage has been placed on record as Annexure-1 along with photographs.

¶5Learned counsel appearing for the respondent State states that unless criminal proceedings are initiated, the petitioners shall not be summoned to the police station.

¶6Considering the stand of respondent State, learned counsel for the petitioners states that let this petition be disposed of.

¶7Accordingly, this petition is disposed of. Order Date :- 22.6.2023 Saurabh Yadav/- (Syed Qamar Hasan Rizvi,J) (Dinesh Kumar Singh,J) High Court of Judicature at Allahabad, Lucknow Bench