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2025 DAILYLAW 145418 (ALL)

DR. SATISH KUMAR AND OTHERS v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME LKO. AND OTHERS

CRLP/5089/2025 · 2025-09-16

Rajesh Singh Chauhan, S Q H Rizvi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 5089 of 2025 Court No. - 9 HON'BLE RAJESH SINGH CHAUHAN, J. HON'BLE SYED QAMAR HASAN RIZVI, J. Heard Sri Ram Kumar Singh and Sri Rajesh Kumar Pandey, learned counsel for the petitioners, learned A.G.A. for the State/opposite parties no. 1,2 & 3 and Sri Baljeet Singh, learned counsel for opposite party no.4. Sri Baljeet Singh has filed counter affidavit on behalf of opposite party no.4. The same is taken on record. Though, learned counsel for the petitioners has requested that he may be given some reasonable time to file rejoinder affidavit, but after perusing the Mediation Report dated 28.08.2025 which reads that "Mediation Completed. No agreement", we find it appropriate that this writ petition may be disposed of at the admission stage keeping in view that offences under which the FIR has been lodged are having punishment upto 7 years and in that case the parties are entitled to get the benefit of dictum of Hon'ble Apex Court in re: Satender Kumar Antil vs. CBI and another, Special Leave to Appeal (Criminal) No. 5191 of 2021 : (2022) 10 SCC 51. Besides, the main allegation of assault and beating has been attributed against petitioner no.1 and petitioner nos. 2 and 3 being a old aged parents have been implicated for the reason that instead of supporting the informant, they have supported their son-petitioner no.1 and they have also mentally tortured her. Learned A.G.A. has informed that the investigation is going on and on Versus Counsel for Petitioner(s) : Ram Kumar Singh, Rajesh Kumar Pandey Counsel for Respondent(s) : G.A., Baljeet Singh Dr. Satish Kumar And Others .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. And Others .....Respondent(s) account of mediation proceedings, the investigation could not be completed. In view of above, the petitioners are directed to co-operate in the investigation and since they are entitled for the benefit of dictum of Hon'ble Apex Court in re: Satender Kumar Antil (supra), therefore, there is no apprehension of their arrest. It is made clear that the dictum of Hon'ble Apex Court in re: Satender Kumar Antil (supra) is law of land being the judgment of the Apex Court therefore, all the concerned are duty bound to follow the dictum of Satender Kumar Antil (supra) in its letter and spirit. At the same time, it is made clear that investigation may not completed to its logical conclusion without proper co-operation of the parties, therefore, all the concerning parties shall co-operate in the investigation properly. In view of the aforesaid terms, the writ petition is disposed of finally. September 16, 2025 dk/ CRLP No. 5089 of 2025 2 (Syed Qamar Hasan Rizvi,J.) (Rajesh Singh Chauhan,J.) Digitally signed by :- DEVENDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench