Allahabad High Court
Khushi Ramchandra Yadav And Anr. vs State Of ... on 29 July, 2022
Bench: Devendra Kumar Upadhyaya, Saroj Yadav
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 2
Case :- CRIMINAL MISC. WRIT PETITION No. - 27808 of 2021
Petitioner :- Khushi Ramchandra Yadav And Anr.
Respondent :- State Of U.P.Thru.Prin.Secy.Home Lucknow And Ors.
Counsel for Petitioner :- Rakesh Kumar Modanwal,Alok Chakrawarti,Desh Raj Chaurasiya,Purshottam Chaurasia
Counsel for Respondent :- G.A.,Rajesh Singh,Surya Kumar
Hon'ble Devendra Kumar Upadhyaya,J.
Hon'ble Mrs. Saroj Yadav,J.
(C.M.Application No. 2 of 2022)
Heard Sri Rajesh Singh, learned counsel for the applicant/respondent No.4, learned A.G.A. for the State-authorities and Sri Purushottam Chaurasia, learned counsel for the petitioners.
By means of this application, dated 03.01.2022, modification of judgment and order dated 29.11.2021, passed in Writ Petition No.27808(MB) of 2021 has been sought. The said writ petition was filed by the petitioners with the averments that both of them are major and they have got married with each other on their own volition.
The Court by means of the order dated 29.11.2021 only directed that the petitioners shall not be unnecessarily harassed and that the police authorities concerned shall ensure that they are able to lead unhindered married life.
By moving the instant application seeking modification of the order dated 29.11.2021, a prayer has been made that the order dated 29.11.2021 be modified so that the petitioner No.1, who is allegedly minor, may be able to live with her parents and that her upbringing may be ensured by the applicant/respondent No.4.
The First Information Report bearing no. 531 of 2021 was lodged at Mumbai against unknown persons which has been registered under Section 363 of I.P.C. It is to be noted that when the writ petition was disposed of on 29.11.2021, First Information Report was not brought to the notice of this Court. It is also to be noticed that the First Information Report did not name the petitioner no.2 as an accused; rather it was lodged against unknown persons.
It is open to the Investigating Officer to investigate the allegations made in the First Information Report and file police report under Section 173(2), Cr.P.C. Any observations made in the order dated 29.11.2021 are not to be construed to be finding as to the marital status or as to the age of the petitioners. Such observations were made in the order dated 29.11.2021 only on the innocuous nature of prayer made by the learned counsel for the petitioners at the time of hearing of the said writ petition that petitioners may be provided some police protection as they were being harassed by their family members for the reason that the marriage was not acceptable to them.
In the aforesaid view of the matter, the application is hereby disposed of with the reiteration that any observation made in the order dated 29.11.2021 shall not come in the way of the investigation of the First Information Report being conducted by the Investigating Agency; neither shall those observations be construed to be finding in respect of any fact relevant to investigation of the First Information Report
Let the record be consigned.
Order Date :- 29.7.2022
Sanjay
