Hon'ble Rajeev Singh,J.
Heard Sri Abdul Samad, learned Counsel for the petitioners and learned AGA for the State/respondents.
On 28.01.2021, this Court has passed the following order :-
"Heard learned counsel for the petitioners and Shri Alok Saran, learned A.G.A. for the State respondents.
This petition has been filed by the petitioners with a prayer commanding the respondent nos. 5 to 9 not to interfere in the peaceful married life of the petitioners and also to direct respondent nos. 3 and 4 to provide security to the petitioners. A further prayer of mandamus has been sought commanding the respondent nos. 1 to 3 to decide the representation of petitioner no. 1 dated 23.12.2020.
Learned counsel for the petitioners submits that petitioners have approached this Court by filing Writ Petition (M/B) No. 31832 of 2018 (Anamika Singh & Ors. Vs. State of U.P. & Ors.) challenging the F.I.R. No. 235 of 2018, under Section 364 I.P.C., P.S. Harchandpur, District Raebareli, in which, this Court vide order dated 31.10.2018 has granted interim protection to the petitioners. He further submits that the said writ petition has also been disposed of by this Court.
The aforesaid order of this Court disposing of the Writ Petition (M/B) No. 31832 of 2018 is not annexed with this petition. Moreover, though the learned counsel for the petitioner submits that a final report has been submitted in the matter, but neither the copy of the final report nor the proceedings pending with respect to final report has been annexed with this petition.
Learned counsel for the petitioner prays for and is allowed three days' time to bring the aforesaid documents on record.
List this case on 03.02.2021."
Supplementary affidavit filed today on behalf of the petitioners is taken on record.
Learned Counsel for the petitioners has submitted that though final report was submitted by the Investigating Officer in the impugned F.I.R., which has been lodged against the petitioner no.2-Bablu Singh @ Daksh Singh and the Court concerned issued notice to the private respondents. A copy of the final report dated 24.09.2019 as well as the order dated 02.03.2020 passed by the learned Additional Chief Judicial Magistrate-I, Court No.11, Raebareli has been annexed as Annexure nos. SA-1 and SA-2 to the supplementary affidavit. He further submits that the private respondent No.5-Gaya Bux Singh @ Guddu Singh has not put in appearance in the pending proceedings against Final Report before the Court concerned. The respondent nos.5 to 9 are not allowing the petitioners to enter into the village in question, even though petitioners are major and are living together as husband and wife. In this regard, the petitioner No.1-Anamika Singh @ Shilpa have already preferred application to the higher authorities including the Superintendent of Police, Raebareli on 23.12.2020 by way of registered post for redressal of her grievance but the same has not been decided till date.
Considering the peculiar facts and circumstances of the case, we dispose of the writ petition with a direction to the Superintendent of Police, Raebareli (respondent no.3) to consider the application dated 23.12.2020 of the petitioner no.1-Anamika Singh @ Shilpa and pass speaking and reasoned order, in accordance with law, expeditiously, preferably within a period of ten days from the date of receipt of a certified copy of this Court, if the same has not already been decided.
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(Rajeev Singh, J.) (Ramesh Sinha, J.) Order Date :- 3.2.2021 Ajit/-