Kajal Maurya And Another vs State Of U.P. Thru. Prin. Secy. ...
2022 Latest Caselaw 21725 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 9
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 9556 of 2022
 

 
Petitioner :- Kajal Maurya And Another
 
Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others
 
Counsel for Petitioner :- Praveen Kumar Tripathi
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Rajesh Singh Chauhan,J.

Hon'ble Mohd. Aslam,J.

Heard learned counsel for the petitioners and learned A.G.A. for the State-respondents.

By means of the present writ petition, the petitioners have prayed for the following relief:-

"(i) to issue a writ, order or direction in the nature of mandamus commanding the opposite party no.3 not to harass the petitioners in their peaceful life, and

(ii) to issue any other writ or direction which this Hon'ble Court deems just and proper in the circumstances of the case in the favour of the petitioners."

Both the petitioners are present in the Court and they have stated that they have got married with their sweet will and are living together happily.

Learned counsel for the petitioners has submitted that both the petitioners are major and have attained the marriageable age, therefore, they have got married on 13.12.2022 as the marriage certificate of Arya Samaj Mandir, District Lucknow is annexed as Annexure no.1 with this writ petition. The high school mark-sheet of the petitioner no.1 indicates her date of birth as 15.11.2004, which has been annexed as Annexure No.2 and the birth certificate of the petitioner no.2 indicates his date of birth as 19.07.2001, which has been annexed as Annexure no.3. Therefore, learned counsel for the petitioners has requested for the benefit of judgment of Hon'ble Apex Court in re: 'Lata Singh Vs. State of UP, 2006 Cr.L.J. 3312'.

However, learned A.G.A. has drawn attention of this Court towards the first information report dated 16.12.2022 registered as Case Crime No. 346 of 2022, under Section 366 I.P.C., Police Station- Sangipur, District Pratapgarh against the petitioner no.2 and one unknown person. Since, the aforesaid first information report has been filed, therefore, the benefit of Lata Singh (supra) may not be extended to the petitioners.

In the given circumstances of the present case, the benefit of dictum rendered in Lata Singh (supra) may not be provided to the petitioners as first information report has been lodged. The petitioners may very well assail the impugned first information report by filing any appropriate petition, but at the same time the petitioners may cooperate in the investigation, since they are husband and wife and are living together.

Accordingly, the writ petition is disposed off finally at the admission stage as the relief prayed in the writ petition may not be granted to the petitioners, but the petitioners may cooperate in the investigation properly and may also challenge the impugned first information report, if they are so advised.

Order Date :- 19.12.2022

Vikas/-

[Mohd. Aslam, J.] [Rajesh Singh Chauhan, J.]