Smt. Pramila And Another vs State Of U.P. And 3 Others
2016 Latest Caselaw 2849 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 38
 

 
Case :- WRIT - C No. - 23725 of 2016
 

 
Petitioner :- Smt. Pramila And Another
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Kshatresh Kumar
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Ran Vijai Singh,J.

Heard Sri Kshatresh Kumar, learned counsel for the petitioners and learned standing counsel appearing for the State - Respondents.

The petitioners claim themselves to be major and have solemnized their marriage with their sweet will on 23.6.2015. They have approached this Court with the prayer to issue a writ of mandamus directing the respondents not to interfere in their peaceful marital life by providing protection. 

Respondent nos. 1 to 3 are the State or its Officers and respondent no. 4 is brother of petitioner no. 1.  Learned standing counsel states that in this case, First Information Report has already been lodged against Manoj Kumar and others and charge sheet has been submitted on 20.9.2014 against the brother of petitioner no. 2.  So far as petitioner no. 2 is concerned, investigation is under progress. 

The affidavit filed in support of the writ petition has not been sworn by either of the petitioners.  The affidavit has been sworn by one Sri Ram Piyare, the authorized pairokar of the petitioners. Even relationship of the pairokar with the petitioners has not been disclosed in the writ petition.  

In view of the fact that First Information Report has been lodged and investigation is still going on and the petition has been filed by pairokar, whose relationship has not been disclosed, no relief can be granted to the petitioners. 

The writ petition is dismissed as not maintainable.  However, dismissal of the writ petition will no preclude the petitioners to avail such other legal remedies as available to them under law.

Order Date :- 20.5.2016

Amit Mishra