Sama and Another v. State of U.P. Thru. Secy. Home Deptt. U.P. Govt. Civil Secrt. Lko. and Others

Court No. - 2 Case :- CRIMINAL MISC. WRIT PETITION No. - 4868 of 2023 Petitioner :- Sama And Another Respondent :- State Of U.P. Thru. Secy. Home Deptt. U.P. Govt. Civil Secrt. Lko. And Others Counsel for Petitioner :- Vimlesh Kumar Kashyap Counsel for Respondent :- G.A. Hon'ble Rajan Roy,J. Hon'ble Syed Qamar Hasan Rizvi,J. Heard learned counsel for petitioners and learned A.G.A. for the State. Considering the order proposed to be passed the issuance of notice to the opposite party no. 6 is dispensed with. By means of this writ petition the petitioners have prayed for issuance of a writ, order or direction in the nature of mandamus directing the opposite party nos. 1 to 5 to provide proper security to the petitioners and family members of petitioner no.2 and opposite party no.6 may also be directed not to interfere in any manner in the live-in-relationship of the petitioners. The contention of the learned counsel for the petitioners is that although the petitioner no.1 is already married with someone else but is living in relationship with petitioner no.2. As the alleged live-in-relationship was against the wishes of the family members, therefore, it is alleged that the Police is harassing them at their instance. Considering the facts of the case, the writ petition is disposed of with the observation that if the petitioners are not wanted in any criminal case and if they are of the age of the majority then the police shall not unnecessarily harass them. It is, however, made clear that the Court has neither entered into nor adjudicated the age of the petitioners nor the validity of their live-in-relationship. Order Date :- 23.6.2023 Shravan High Court of Judicature at Allahabad, Lucknow Bench