Suchna and Another v. State of U.P. Thru. Prin. Secy. Home Lko. and Others

Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 9680 of 2023 Petitioner :- Suchna And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others Counsel for Petitioner :- Sharvan Kumar Pandey Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Karunesh Singh Pawar,J.

(1) Heard learned counsel for the petitioners and learned A.G.A. who appears on behalf of the State Respondents.

(2) This petition has been filed with the following main prayers:- "I. Issue a writ, order or direction in the nature of Mandamus directing the opposite parties not to disturb and interfere in the life of the petitioners and further not to harass them in any manner by making nocturnal visit at the house of the petitioner no.2 in the interest of justice. II. Issue a writ, order or direction in the nature of Mandamus directing the opposite party no.2 to take appropriate action into the matter against the opposite party nos.3 & 4 in accordance with law."

(3) It has been submitted by learned counsel for the petitioners that petitioner no.1-Suchna, was earlier married to the Opposite party no.4-Mangre, but because the Opposite party no.4 is continuously harassing her. She is now living in the house of the Petitioner no.2 although she has no relationship with him. The Opposite party no.4 has connived with the Police Personnel of Police Station Malihpur, District Shrawasti, are harassing the petitioners. They therefore prayed 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."

(4) This 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 petitioner had approached the Supreme Court against the police harassment because of F.I.R. being lodged by the brother of appellant no.1.

(5) In the case of the petitioner there is no F.I.R. lodged. The police cannot be presumed to harass the petitioner only under the influence of the private respondents. 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 Cr.P.C., it will not be justified to grant a blanket protection to the petitioners as prayed.

(6) This writ petition is disposed of with a direction to the petitioners that in case they have 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) 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 :- 21.12.2023 N.PAL High Court of Judicature at Allahabad, Lucknow Bench