Allahabad High Court
Shiv Prasad And Another vs State Of U.P. Thru. Prin. Secy. ... on 3 January, 2023
Bench: Ramesh Sinha, Manish Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 1
Case :- WRIT - C No. - 9488 of 2022
Petitioner :- Shiv Prasad And Another
Respondent :- State Of U.P. Thru. Prin. Secy. Home Dept. Lko. And 3 Others
Counsel for Petitioner :- Apoorv Dev,Prashant Kumar Singh,Sudhir Kumar Pandey
Counsel for Respondent :- C.S.C.
Hon'ble Ramesh Sinha,J.
Hon'ble Manish Kumar,J.
Heard Shri Prashant Kumar, learned counsel for the petitioners and Shri G.K. Srivastava, learned Standing Counsel for the State/respondent nos. 1 to 3.
The instant writ petition has been filed by the petitioners, Shiv Prasad and Geeta Devi, seeking a writ of mandamus directing the respondent no.3-Station House Officer, P.S. Jalalpur, District Ambedkar Nagar not to harass or victimize them in any manner and further direct the respondent no.2-Superintendent of Police, Ambedkar Nagar to protect their life and liberty in accordance with law as per Rule 22 of the Uttar Pradesh Maintenance and Welfare of Parents and Senior Citizens Rule, 2014. Petitioners have also prayed to issue a writ of mandamus directing the respondent no.3-Station House Officer, P.S. Jalalpur, District Ambedkar Nagar to take necessary action on the application preferred by them dated 05.12.2022 contained in Annexure No.1 to the writ petition.
Shri Prashant Kumar, learned counsel for the petitioners has submitted that the marriage of the son of the petitioners, namely, Manoj Kumar Yadav, was solemnized with the respondent no. 4-Mrs. Poonam Kumari on 10.05.2005 and out of their wedlock, two children was born. After sometime, the relation between the son of the petitioners and his wife (respondent no.4) were not cordial and as such, son of the petitioners had filed a suit, bearing Regular Suit No. 616 of 2016 : Manoj Kumar Vs. Poonam Devi, for dissolution of marriage before the Principal Judge, Family Court, Family Court, Ambedkar Nagar, who, vide judgment and decree dated 21.09.2021, dissolved their marriage. Thereafter, the respondent no.4-Poonam Kumari has filed number of frivolous complaints against the petitioners just to harass and humiliate the petitioners and as such, the petitioner no.1-Shiv Prasad has made a complaint on 27.10.2022 to the District Magistrate, Ambedkar Nagar under the Senior Citizen Act for the protection of their life and property. His submission is that the respondent no.4 is living separately with her own will and regularly making frivolous applications to the police authorities as well as district authorities only with the intention to harass and humiliate the petitioners and, therefore, petitioners have preferred an application under Rule 22 of the Uttar Pradesh Maintenance and Welfare of Parents and Senior Citizens Rule, 2014 for their protection on 05.12.2022 (Annexure No.1) to the Superintendent of Police, Ambedkar Nagar but no action has been taken so far, hence the petitioners has filed the instant writ petition.
There is no dispute that the petitioners are the Senior Citizen. Rule 22 of the Uttar Pradesh Maintenance and Welfare of Parents and Senior Citizens Rule, 2014 provides that the Superintendent of Police shall take necessary steps for protection of life and property of the senior citizens and that each police station shall maintain an up-to-date list of senior citizens and that a representative of the police station shall visit such senior citizens at regular intervals at least once a month and the complaints and problems of the senior citizens would be promptly attended to by the police station.
Considering the facts and circumstances of the case, particularly the fact that application dated 05.12.2022 preferred by the petitioners contained in Annexure No.1 to the writ petition is stated to be pending before the Superintendent of Police, Ambedkar Nagar, the present petition is disposed of with a direction to the respondent no. 2 i.e. Superintendent of Police, Ambedkar Nagar to consider and decide the representation of the petitioners dated 05.12.2022 contained in Annexure No.1 to the writ petition, in accordance with law, expeditiously, say, within a period of six weeks from the date of production of a certified copy of this order.
[Manish Kumar, J.] [Ramesh Sinha, J.]
Order Date :- 3.1.2023
Ashish
