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Allahabad High Court

SMT. SANA AND ANOTHERversusSTATE OF U.P. AND 4 OTHERS

Decided

Holding

The petition is dismissed as it is not pressed by the petitioners.

Summary

The petitioners filed a writ petition under Article 226 of the Constitution seeking a mandamus directing the State of Uttar Pradesh and other respondents not to interfere with their peaceful marital life and to provide protection for their life and liberty. During the hearing, the petitioners expressed that they no longer wished to pursue the present petition and wanted liberty to file a fresh petition. The Court noted the petition was not being pressed and, accordingly, dismissed it. No substantive merits on the alleged interference were examined. The dismissal was solely on the ground that the petition was not pressed by the petitioners.

Issues considered

  • Whether a writ petition under Article 226 should be dismissed when the petitioners withdraw and seek liberty to file a fresh petition

Subjects

  • Article 226
  • writ of mandamus
  • marital life
  • petition withdrawn
  • petition dismissed

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                           WRIT - C No. - 17842 of 2026

                                    Smt. Sana And Another
                                                                                                   .....Petitioner(s)
                                                                       Versus
                                    State Of U.P. And 4 Others
                                                                                                .....Respondent(s)

                                    Counsel for Petitioner(s)        : Rajneesh Kumar Sharma, Vinod Shankar
                                                                       Tripathi
                                    Counsel for Respondent(s)        : C.S.C.

                                    Court No. - 76
                                                   HON'BLE SANJAY KUMAR PACHORI, J.

                                    Heard Shri Rajneesh Kumar Sharma, learned counsel for the petitioners and
                                    Shri Arvind Kumar Singh, learned Standing Counsel and perused the record.

                                    Present petition under Article 226 of Constitution of India has been filed
                                    with a prayer to issue a writ of mandamus directing the respondents not to
                                    interfere, harass or cause any interference in the peaceful marital life of the
                                    petitioners and further direct the respondent Nos. 2 to 5 to provide adequate
                                    protection to protect their life and liberty from respondent No.5.

                                    Learned counsel for the petitioners does not want to press this petition and
                                    wants liberty to file a fresh petition.

                                    In view of the above, the present petition is dismissed as not pressed with
                                    the aforesaid liberty.
                                    May 6, 2026
                                    Ishan
                                                                                     (Sanjay Kumar Pachori,J.)




Digitally signed by :-
ISHAN JAISWAL
High Court of Judicature at Allahabad


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