Smt. Rekha Kumari and Another v. State of U.P. Thru. Prin. Secy. Home U.P. Civil Secrett. Lko. and Others

Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 92 of 2023 Petitioner :- Smt. Rekha Kumari And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home U.P. Civil Secrett. Lko. And Others Counsel for Petitioner :- Alok Kumar Mishra,Devendra Pratap,Shashank Shekhar Singh Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Narendra Kumar Johari,J.

¶1None appears for the petitioners. Learned A.G.A. for the State Respondents is present.

¶2This petition has been filed with the prayer to issue a writ in the nature of mandamus directing the opposite parties to ensure compliance of mandate of Article 21 of the Constitution of India and ensure safety of life of the petitioners and abstain themselves to disrupt marital life of the petitioners and directing opp. party no.2 to take positive action on the application dated

12.11.2022.

¶3Learned AGA, in pursuance of order dated 06.01.2023, has produced instructions sent by Sub-Inspector Arvind Yadav, police station Atrauli, District Hardoi dated 10.01.2023, which is taken on record. Learned AGA states that petitioners have married with each other on their own volition and free will in accordance with Hindu rites and rituals on 11.11.2022. He further states that no case has been registered against the petitioner in any police station. Thus, the petitioners are eligible for the benefit of the judgement rendered by the Hon'ble Supreme Court in the case of Lata Singh Vs. State of U.P. and another, 2006 (5) SCC 475 and the observations made in paragraph 17 which reads as under:- "17..... We, therefore, direct that the administration/police authorities throughout the country will see to it that if any boy or girl who is a major undergoes inter-caste or inter-religious marriage with a women or man who is a major, the couple is not harassed by anyone nor subjected to threats or acts of violence, and anyone who gives such threats or harasses or commits acts of violence either himself or at his instigation, is taken to task by instituting criminal proceedings by the police against such persons and further stern action is taken against such persons as provided by law."

¶4This Court has found from the perusal of judgement rendered in Lata Singh Vs. State of U.P. and another, 2006

(5) SCC 475 wherein the appellants had approached the Supreme Court against the police harassment because of F.I.R. being lodged by the brother of appellant no.1.

¶5In the case of the petitioners there is no F.I.R. lodged. The police cannot be presumed to harass the petitioners only under the influence of the private respondent no.6. The action of Police is governed by the provision of Code of Criminal Procedure, 1973. Particularly, Chapter XII of the Code makes provision for information to Police and their power to investigate. In absence of any proof of such information regarding which the provision has been made under Section 154 and 155 of the Cr.P.C., it will not be justified to grant a blanket protection to the petitioners as prayed.

¶6This writ petition is disposed of with a direction to the petitioners that in case they are threatened by their family members they may file an application under Section 154(2) or 154(3) of the Cr.P.C. before the Police Station/Superintendent of Police concerned, or to move an application under Section 156 (3) of the Cr.P.C. before the Magistrate concerned and or file a complaint case under Section 200 of the Cr.P.C. before the authorities concerned. Order Date :- 8.12.2023 Arnima High Court of Judicature at Allahabad, Lucknow Bench