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2025 DAILYLAW 161712 (ALL)

MANI RAM AND 4 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

A482/7240/2025 · 2025-09-03

Saurabh Lavania

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7240 of 2025 Court No. - 11 HON'BLE SAURABH LAVANIA, J. Supplementary affidavit filed in the Court today is taken on record. Heard learned counsel for the applicants and learned AGA for the State as well as perused the record. The present application has been filed by the applicants for the following main relief(s):- "For the facts, reasons and circumstances as stated in the accompanying petition duly supported by an affidavit it is most respectfully prayed that this Hon'ble High Court may kindly be pleased to quash the impugned order dated 02.07.2025 passed by learned Session Judge in Revision No. 44/2025 (Mani Ram vs State of U.P. and others and ordre dated 7.03.2020 passed by Civil Judge (Junior Division / judicial Magistrate Shrawasti in complaint case no. 521 /2019 (Nankai @ Lajjawati vs. Mani Ram &other) by means of which the learned court has summoned the petitioners/applicants namely Dhani Ram Santoshi and Siya Ram under section 363,366 IPC and applicants Mani Ram and Subhash under section 363,366, and 376 IPC for facing trial. It is further prayed that the proceeding in complaint case no. 521 /2019 (Nankai @ Lajjawati vs. Mani Ram &other) by means of which the learned court has summoned the petitioners/applicants May kindly be stayed during pendency of this petition." At the very outset, after pointing out various aspects of the case including the statement of opposite party No. 2 given before this Court, which is Versus Counsel for Applicant(s) : Prashant Kumar Mishra, Neelam Mishra, Sumit Kumar Srivastava Counsel for Opposite Party(s) : G.A. Mani Ram And 4 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s) apparent from the order dated 28.05.2019 passed by this Court in HABEAS CORPUS No. 10614 of 2019 (Smt. Nankai Thru. Her Husband Sri Mani Ram vs. State Of U.P. Thru. The Prin. Secy. Home Deptt. & Ors.), learned counsel for the applicants says that he may be permitted to withdraw the instant application with liberty to the applicant to seek the benefit of the judgment passed by the Hon'ble Apex Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation and another, (2022) 10 S.C.R. 351 : (2022) 10 SCC 51 and Musheer Alam vs. State of Uttar Pradesh and Another, 2025 SCC OnLine SC 116. In view of the aforesaid statement, the matter is consigned to record. September 3, 2025 Arun/- A482 No. 7240 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench