Allahabad High Court
Kallo vs State Of U.P. Thru. Secy. Home Deptt. ... on 3 September, 2024
Author: Sangeeta Chandra
Bench: Sangeeta Chandra
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2024:AHC-LKO:60567-DB Court No. - 3 Case :- CRIMINAL MISC. WRIT PETITION No. - 6349 of 2024 Petitioner :- Kallo Respondent :- State Of U.P. Thru. Secy. Home Deptt. U.P. Lko. And Others Counsel for Petitioner :- Sanjay Kumar Sharma Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J.
Hon'ble Brij Raj Singh,J.
Heard learned counsel for the petitioner and learned A.G.A. who appears on behalf of State ? respondents. This petition has been filed with the following main prayer :-
i. To issue a writ, order or direction in the nature of mandamus thereby commanding and directing the opposite parties no.2 and 3 to take appropriate actin against the opposite party no.4 to 8 on the applications/ complaints of the petitioner dated 20.6.2024 and 01.6.2024 contained in Annexure no.1 & 2 respectively to this writ petition within a period as fixed by this Ho?ble Court in the interest of justice.
ii. Issue a writ, order or direction in the nature of mandamus thereby commanding and directing the opposite party no.2 to direct the opposite party no.3 to register the First Information Report of the petitioner and take necessary action in accordance with law against the opposite party no.4 to 8 as per law laid down by the Hon?ble Supreme court in the case of Lalita Kumari vs. Government of Uttar Pradesh and Others reported in (2014) 2 SCC 1, in the interest of justice.
The Counsel appearing on behalf of the petitioner stated that she was abducted by the opposite party no.4. Her husband had given an application to trace her whereabouts. When she returned she also filed an application for taking action under appropriate sections against the opposite party no.4 but the SHO police station ? Sujauli, Bahraich has refused to take any action, hence, this petition has been filed.
Learned A.G.A. produced before this Court instructions sent by S.I. Shankar Singh, P.S. Sujauli, District - Bahraich wherein it has been stated that the petitioner has earlier filed a writ petition along with Mubarak Ali the opposite party no.4 namely CrLP 7269 of 2023 saying that she was living out of her own sweet will with Mubarak Ali and that she may not be forced to go with her husband and the police should not harass her.
The Court passed order saying that both petitioners are major and Section 497 IPC have been deleted from the IPC, therefore, it would be open for the applicant to approach the court concerned for appropriate remedy.
The Court finds both the petitioners Mubarak Ali and Kallo as major had observed that they are free to live together and in case they have been threatened by the family members they may file application under Section 154 (2) or 154(3) of the CrPC before the police station or SP concerned or to move an application under Section 156 (3) CrPC before the Magistrate concerned or file a complaint case under section 200 of the CrPC before the authorities concerned.
Thereafter the petitioner?s husband Hashim has filed a Habeas Corpus petition no.321/2023 [Kallu through her husband Hashim vs. State of U.P. and Others] which was dismissed as misconceived by the Court.
Instructions are kept on record.
The writ petition is dismissed leaving it open for the petitioner to file a complaint case if so advised.
Order Date :- 3.9.2024 mks