Allahabad High Court
Rubi And Another vs State Of U.P. Thru. Secy. Home Deptt. Lko ... on 29 January, 2025
Author: Sangeeta Chandra
Bench: Sangeeta Chandra
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2025:AHC-LKO:5989-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 611 of 2025 Petitioner :- Rubi And Another Respondent :- State Of U.P. Thru. Secy. Home Deptt. Lko And 4 Others Counsel for Petitioner :- Seraj Ahmad,Shrikant Tripathi,Touqeer Ahmad Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J.
Hon'ble Ajai Kumar Srivastava-I,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). To issue a writ, order or direction in the nature of Mandamus thereby commanding to the opposite parties not to create disturbance in peaceful life of the petitioners, in view of law laid down by the Hon'ble Supreme Court in case of Lata Singh vs. State of U.P. and another" and also direct the opposite party nos.3 and 4 to take necessary action against the opposite party no.5 in accordance with law.
(ii) Issue writ, order or direction in the nature of Mandamus commanding the concerned police authorities to provide security and safety to the petitioners forthwith."
(3) It has been submitted by learned counsel for the petitioners that petitioner no.1 and petitioner no.2 are both major and are in a live-in-relationship, but the family members of petitioner no.1 are unhappy with such a relationship and have expressed their disapproval. In support of his submission that petitioners no. 1 and 2 are major, learned counsel for the petitioners has drawn our attention to the annexure nos.2 and 3 to the petition, which are High School mark sheet of the petitioner no.1 and pariwar Register of petitioner no.2 and according to which, the date of birth of petitioner no.1 is 01.01.2003. They are being harassed by the opposite party No.5, who is the father of the petitioner no.1. They therefore prayed for the benefit of the judgement rendered by the Hon'ble Supreme Court in the case of Lata Singh Vs. State of U.P. and another, 2006 (5) SCC 475 and the observations made in paragraph 17 which reads as under:-
"17..... We, therefore, direct that the administration/police authorities throughout the country will see to it that if any boy or girl who is a major undergoes inter-caste or inter-religious marriage with a women or man who is a major, the couple is not harassed by anyone nor subjected to threats or acts of violence, and anyone who gives such threats or harasses or commits acts of violence either himself or at his instigation, is taken to task by instituting criminal proceedings by the police against such persons and further stern action is taken against such persons as provided by law.".
(4) This Court has found from the perusal of judgement rendered in Lata Singh Vs. State of U.P. and another, 2006 (5) SCC 475 wherein the appellants had approached the Supreme Court against the police harassment because of F.I.R. being lodged by the brother of appellant no.1.
(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.5. The action of Police is governed by the provision of Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as BNSS). Particularly, Chapter XIII of BNSS, corresponding Chapter XII of Cr.P.C., 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 Sections 173 and 174 of BNSS, corresponding Sections 154 and 155 Cr.P.C., respectively, 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 being threatened by their family members, they may file an application under Section 154(2) or 154(3) of the Cr.P.C. (corresponding Section 173 (2) or 173 (3) of B.N.S.S., 2023) before the Police Station/Superintendent of Police concerned, or move an application under Section 156 (3) of the Cr.P.C. (corresponding Section 175 (3) of B.N.S.S., 2023) before the Magistrate concerned or file a complaint case under Section 200 of the Cr.P.C. (corresponding Section 223 of B.N.S.S., 2023) before the authorities concerned.
Order Date :- 29.1.2025 Mahesh