Allahabad High Court
Kajal And Another vs State Of U.P. Thru. Prin. Secy. ... on 28 August, 2023
Bench: Sangeeta Chandra, Jyotsna Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2023:AHC-LKO:57472-DB
Court No. - 10
Case :- CRIMINAL MISC. WRIT PETITION No. - 6709 of 2023
Petitioner :- Kajal And Another
Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko. And Others
Counsel for Petitioner :- Afaq Zaki Khan
Counsel for Respondent :- G.A.
Hon'ble Mrs. Sangeeta Chandra,J.
Hon'ble Mrs. Jyotsna Sharma,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 commanding the opposite parties not to harass the petitioners and not to disturb the live-in-relationship life of the petitioners and opposite parties nos.2 and 3 may also be directed to provide safety and protection to the life of the petitioners.
II. Issue any other order or direction which this Hon'ble Court may deem just and proper under the circumstances of the case."
(3) It has been submitted by learned counsel for the petitioners that petitioners are in Live-in-relationship for the past two years and the Petitioner no.1- Kajal, is expecting a child, as such, she has pregnancy of six months from the Petitioner no.2- Shivam. The Petitioner no.1 was earlier married to one Ramakant, the opposite party no.5 in the year 2016. Her husband Ramakant was a drunkard and, therefore, she left her matrimonial home and started living with the Petitioner no.2. The Opposite party no.5 is annoyed with this relationship and he alongwith others is threatening the petitioners, as a consequence thereof, this writ petition has been filed.
(4) Learned counsel for the petitioners has placed reliance of the Judgment of the Hon'ble Supreme Court in the case of Joseph Shine Vs. Union of India, passed in Writ Petition (Criminal) No.194 of 2017, and has observed that adultery is no longer offence and struck down the Section 497 I.P.C. Reference has also been made to the observation made by Hon'ble the Supreme Court in the case of Lata Singh Vs. State of U.P. and another, 2006 (5) SCC 475 and also the judgment of Hon'ble Supreme Court in the case of S. Khushboo Vs. Kanniamal and another passed in Criminal Appeal No.913 of 2010.
(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 are 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 :- 28.8.2023
N.PAL
