Allahabad High Court
Sazid Ali And Another vs State Of U.P. Thru. Secy. Home ... on 26 September, 2023
Bench: Sangeeta Chandra, Narendra Kumar Johari
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2023:AHC-LKO:62465-DB
Court No. - 10
Case :- CRIMINAL MISC. WRIT PETITION No. - 7412 of 2023
Petitioner :- Sazid Ali And Another
Respondent :- State Of U.P. Thru. Secy. Home Deptt. Lko. And Others
Counsel for Petitioner :- Anamika Singh
Counsel for Respondent :- G.A.
Hon'ble Mrs. Sangeeta Chandra,J.
Hon'ble Narendra Kumar Johari,J.
Heard learned counsel for the petitioners, learned A.G.A. for the State/respondents No.1 to 3 and perused the impugned F.I.R. as well as material brought on record.
The present writ petition has been filed by the petitioners with the following main prayers :-
"(i) Issue a writ, order or direction in the nature of Certiorari quashing the impugned FIR dated 25.08.2023, lodged by the Respondent No.4 bearing FIR No.807/2023, U/Ss 363, 366 IPC, P.S. Kotwali Nagar, District - Sultanpur, as contained in Annexure No.-1 to this writ petition.
(ii) Issue a writ, order or direction in the nature of Mandamus commanding and directing the Respondents Authorities not to arrest the Petitioners on the basis of the impugned FIR dated 25/08/2023 baring FIR No.807/2023, U/Ss 363, 366 IPC, P.S. Kotwali Nagar, District -Sultanpur.
(iii) Issue a writ, order or direction in the nature of Mandamus commanding and directing the Respondent No.3 to conduct free, fair and impartial investigation in FIR dated 25/08/2023 baring FIR No.807/2023, U/Ss 363, 366 IPC, P.S. Kotwali Nagar, District -Sultanpur."
It has been submitted by learned counsel for the petitioners that the victim ran away with one Sirtaj and got married to him on 01.09.2023 out of her own sweet will. The victim has also filed Criminal Misc. Writ Petition No.7141 of 2023 (Saniya & another Vs. State of U.P. and others) praying for protection in the light of the judgment rendered in the case of Lata Singh Vs. State of U.P. and another, 2006 (5) SCC 475. This Court has perused paragraph 11 of the writ petition, which is quoted herein below. :-
"11. That it is also submitted that after nikah the alleged victim and Sirtaj approached this Hon'ble Court for protection of their matrimonail life bearing CRLP No. 7141/2023, 'Saniya & Anr. Vs. State of UP & Ors', wherein this Hon'ble court vide its order dated 19.09.2023 disposed of the petition granting them protection of judgment rendered in Lata Singh Vs State of UP & Anr, 2006 (5) SCC 475. A Photocopy of order dated 19/09/2023 is being annexed and marked as Annexuer -3 to this Writ Petition."
This Court has gone through the order dated 19.09.2023, passed by us in Writ Petition No.7141 of 2023 (Saniya & Anr. Vs. State of UP & Ors). The operative portion of the order is quoted herein below :-
"5. In the case of the petitioners there is no F.I.R. lodged. The police cannot be presumed to harass the petitioners only under the influence of the private respondent no.4. 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 of the 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) of the 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."
There is apparent misrepresentation in the writ petition. Accordingly, the writ petition is dismissed.
Order Date :- 26.9.2023
ML/-
