Citation : 2025 Latest Caselaw 4299 Tel
Judgement Date : 26 June, 2025
THE HON'BLE SRI JUSTICE T. VINOD KUMAR
W.P.No. 15818 of 2025
O R D E R:
Heard learned counsel for the petitioner, learned Government Pleader
for Home appearing for respondent Nos.1 to 3, and with their consent, the
Writ Petition is taken up for hearing and disposal at admission stage.
2. Having regard to the manner of disposal of the writ petition and the
nature of lis involved, this Court is of the view that notice to unofficial
respondent Nos.4 to 6 is not necessary for adjudication of the present Writ
Petition
3. The case of the petitioner, in brief, is that though she had approached
the respondents-authorities and lodged a complaint on 06.06.2025 against the
unofficial respondents, the 3rd respondent, acting through the 4th respondent,
without taking any action thereon is harassing the petitioner at the behest of
respondent Nos.5 & 6, which action of the respondents it is contended as
highly illegal, arbitrary, unconstitutional and in violation of Articles 14, 19 &
21 of the Constitution of India.
4. Per contra, learned Government Pleader appearing on behalf of
respondents while denying the writ averments would submit that the
petitioner had approached the 3rd respondent-authority and lodged a
complaint on 06.06.2025 against respondent Nos.5 to 7 herein, and that the
respondents-authorities, on receiving the aforesaid complaint, made a GD
entry and since, the complaint revealed matrimonial relationship between the
petitioner and the unofficial respondent No.5, the authorities for the purpose
of causing preliminary enquiry called the petitioner as well as the unofficial
respondent No.5 to the police station to know as to whether any conciliation
can be brought between them in terms of the judgment of the Apex Court in
Lalita Kumari V. Govt. of UP and others 1.
5. Learned Government Pleader further submits that since, the efforts
made by the respondents-authorities to bring conciliation between the
petitioner and the unofficial respondent No.5 had failed, the authorities have
registered a case vide Cr.No.143/2025, on 12.05.2025, and have taken up
investigation into the same.
6. The aforesaid submission made by the learned Government Pleader for
Home is taken on record.
7. In view of the aforesaid submission and since, the respondents-
authorities basing on the complaint made by the petitioner claim to have
registered a case vide Crime No.143/2025, dt.12.06.2025, this Court is of the
view that the respondents-authorities are to be directed to investigate into the
aforesaid crime, strictly in accordance with law, without interfering with the
peaceful life and liberty of the petitioner, being the de-facto complainant.
8. Subject to the above direction, the Writ Petition is disposed of. No order
as to costs.
9. Consequently, miscellaneous petitions, if any, pending shall stand
closed.
_____________________ T. VINOD KUMAR, J 26th June, 2025.
gra
(2014) 2 SCC 1
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