Allahabad High Court
WRIC/34130/2026 of SANI KUMAR AND ANOTHER Vs STATE OF U.P. AND 3 OTHERS on 29 September 2026
JUDICATURE AT ALLAHABAD WRIT - C No. - 34130 of 2026 Court No. - 75 HON'BLE DR. GAUTAM CHOWDHARY, J. 1. Heard learned counsel for the petitioners, learned Additional Chief Standing Counsel for the State and perused the material brought on record. 2. By means of the present petition, the
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 34130 of 2026
Court No. - 75
HON'BLE DR. GAUTAM CHOWDHARY, J.
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1. Heard learned counsel for the petitioners, learned Additional Chief Standing Counsel for the State and perused the material brought on record.
2. By means of the present petition, the petitioners are seeking for issuance of a writ of mandamus directing the respondents to safeguard the petitioners' life and liberty of the petitioners.
3. This writ petition has been filed by petitioners with the submissions that they are living together in live in relationship and that private respondents have been giving threats to them, therefore, they should be granted protection from unnecessary harassment. It is stated that they have apprehension that private respondent can eliminate them for the honour of her family. In case, this Court does not grant them protection, their lives may be endangered.
4. On the other hand, learned Additional Chief Standing Counsel submits that the petitioner No. 1 is living in live in relationship with the petitioner No. 2 without any divorce from his previous wife, therefore, no any protection can be granted and if such is being asked the same amounts to commission of offence under Section 494/495 I.P.C. In support of his contention, leaned Standing Counsel relied upon a judgement of this Court passed in Writ-C No. 18743 of 2020 (Asha Devi and another Vs. State of U.P. and other), decided on 01.12.2020.
5. It is well settled law that a writ of mandamus cannot be issued contrary to law or to defeat a statutory provision including the penal provision. In the instant case, it is admitted fact that the petitioner No. 1 is a married man and is in live-in-relationship with the petitioner No. 2, without any divorce from his previous wife, and, therefore, in the opinion of this Court, no protection can be granted by issuing a writ of mandamus in view of the law laid down Versus Counsel for Petitioner(s) : Narendra Pal Singh, Rajat Kumar Shukla Counsel for Respondent(s) : C.S.C. Sani Kumar And Another .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s)
in Asha Devi (supra).
6. The writ petition lack merits and is, accordingly, dismissed.
(Dr. Gautam Chowdhary,J.) September 30, 2026 Priyanka WRIC No. 34130 of 2026 2
Digitally signed by :- PRIYANKA KUSHWAHA High Court of Judicature at Allahabad