Allahabad High Court
SMT. SUKHIYA KUMARI AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- VIVEK KUMAR SINGH
Holding
The court held that police protection was not required as the petitioners themselves had declared no threat and no application for protection was filed.
Summary
Petitioners Smt. Sukhiya Kumari and another filed a writ petition seeking police protection for their life and liberty. No petitioner appeared before the court, and the standing counsel for the State submitted a police report stating that the petitioners had earlier declared they faced no threat and had not applied for protection at the relevant police station. The petitioners are residents of Rajasthan but were temporarily staying in Kanpur Nagar, within the jurisdiction of Police Station Fazalganj. The court noted the absence of any contrary evidence and the petitioners' own statements, concluding that police protection was unnecessary. Consequently, the writ petition was disposed of without any order for protection.
Issues considered
- Whether the petitioners are entitled to police protection for their life and liberty under the writ jurisdiction
Subjects
- writ petition
- police protection
- life and liberty
- jurisdiction
- non-appearance
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 1299 of 2026
Smt. Sukhiya Kumari And Another
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Abhishek Kumar Mishra
Counsel for Respondent(s) : C.S.C.
Court No. - 81
HON'BLE VIVEK KUMAR SINGH, J.
1. None appears on behalf of the petitioners to press this writ petition, even
at the revised call. However, Sri Arvind Kumar Singh, learned Standing
Counsel for the State-respondents, is present in the Court. He has produced
instructions in pursuance of order dated 19.01.2026, which are taken on
record.
2. It is submitted, on the basis of instructions, by the learned Standing
Counsel that the statements of the petitioners were recorded during the
course of inquiry, wherein they stated that they have no apprehension of any
threat to their life from any person, and that no application seeking
protection of life and liberty was moved by them at Police Station Fazalganj,
Commissionerate Kanpur Nagar. It is further submitted that the petitioners
are permanent residents of the State of Rajasthan; however, they are
presently residing in Kanpur Nagar, which falls within the territorial
jurisdiction of Police Station Fazalganj.
3. In view of the aforesaid police report/instructions, police protection is no
more required in the present case and the counsel for the petitioners has also
not appeared to controvert the aforesaid contention.
4. With the aforesaid observations, the present writ petition is disposed of.
(Vivek Kumar Singh,J.)
March 18, 2026
Radhika
Digitally signed by :-
RADHIKA VISHWAKARMA
High Court of Judicature at Allahabad
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