Rohit and Another v. State of U.P. and 3 Others

Court No. - 85 Case :- WRIT - C No. - 31646 of 2023 Petitioner :- Rohit And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vishnu Kant Ojha,Ramesh Kumar Ojha Counsel for Respondent :- C.S.C. Hon'ble Mayank Kumar Jain,J.

¶1Supplementary affidavit filed today by learned counsel for the petitioners is taken on record.

¶2Heard learned counsel for the petitioners and learned Standing Counsel for the State-respondents.

¶3By means of the present writ petition, the petitioners have prayed for a direction in the nature of mandamus commanding and directing the respondent no. 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.

¶4It is submitted that petitioner no. 1 and petitioner no. 2 are major as per their Aadhar cards and they are living together in live-in relationship, they are threatened by respondent no. 4 into their peaceful living. Therefore, respondent no.4 may directed not to interfere in the peaceful living of the petitioners.

¶5Per 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.

¶6In the present writ petition, petitioner no.1 is Hindu by religion and petitioner no.2 is Muslim by religion, therefore ratio of the judgement passed in Kiran Rawat (supra) is applicable to the present writ petition.

¶7Hence, this writ petition is accordingly dismissed. Order Date :- 24.11.2023 Saif High Court of Judicature at Allahabad