Court No. - 20 Case :- MISC. BENCH No. - 6940 of 2010 Petitioner :- Ram Vilas Sharma & Others Respondent :- State Of U.P., Thru. Prin. Secy.,Home & Others Petitioner Counsel :- Basant Lal,Dilip Kumar Respondent Counsel :- G.A. Hon'ble Raj Mani Chauhan,J.
Hon’ble Virendra Kumar Dixit,J.
Heard learned counsel for the petitioners and learned A.G.A. as well as
perused the documents available on record.
This writ petition under Article 226 of the Constitution of India has been filed
by the petitioners with the following prayers:-
i.) Issue a writ, order or direction in the nature of mandamus thereby
commanding the opposite parties and directing specially opposite parties No.
2 and 3 not to harass the petitioners without any reason in absence of any
criminal case against them in the interest of justice.
ii) Issue a writ, order or direction in the nature of mandamus thereby
commanding the opposite parties and directing specially opposite party No.3
not to make any torture physically as well as mentally on the petitioners and
they may be allowed to live free life without any force or threats in the
interest of justice.
iii) Any other order or direction which this Hon’ble Court may deem fit and
proper under the facts and circumstances of the case may also be passed in
favour of the petitioners.
The submission of learned counsel for the petitioners is that Pankaj Sharma,
the son of petitioner No.1 and Rubi, the so called prosecutrix (daughter of
opposite party No.4) being major entered into the marriage on 3.7.2010 in
Arya Samaj Mandir, Aliganj, Lucknow. In support of age of the prosecutrix,
the petitioners have filed progress report of the prosecutrix Rubi in which her
date of birth is 1.7.1992. In this way, she is major. A major girl has right to
marry and live with any person she likes, in view of the law laid down by the
Hon’ble Apex Court on the case of Lata Singh Vs. State of U.P. & Anr.,
reported in 2006 (5) ALJ 357. The local police at the instance of opposite
party No.4, who is father of the prosecutrix, is harassing the petitioners who
are father, mother and brother of Pankaj Sharma. Therefore, they deserve for
interim protection during the course of investigation.
Learned A.G.A. opposed the petition.
Considered the submissions of the learned counsel for the petitioners and
learned A.G.A. Keeping in view the facts and circumstances of the case, the
writ petition is being disposed of finally with the observation that the
petitioners may raise their grievances before the Superintendent of Police,
Kheri, who will look into the matter.
Order Date :- 27.7.2010
Sanjay