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2025 DAILYLAW 163164 (ALL)

BRAHMDUTT AND 3 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

/2964/2025 · 2025-09-23

Saurabh Lavania

Criminal Appealbody2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL APPEAL No. - 2964 of 2025 Court No. - 11 HON'BLE SAURABH LAVANIA, J. 1. Heard learned counsel for the applicant(s) as well as learned A.G.A for the State and perused the records. 2. The present application has been preferred seeking following main relief(s):- " Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to set- aside the entire criminal proceedings arising out of Summon Order Dated 25.10.2023, passed in Session Trial No. 185 Of 2023 State Versus Brahmdutt & Others By The Court Of Special Judge, S.C.-S.T. Act, Ayodhya Chargesheet No. 01 Dated 24.09.2023 U/S 323/504/506 Of Indian Penal Code, 1860 And U/S 3(2)(Va) Of Scheduled Castes And Scheduled Tribes (Prevention Of Atrocities) Act, 1989, arising out of FIR/Case Crime No. 0158 Dated 25.10.2023 P.S. Khandasa, Ayodhya/Faizabad." 3. At the very outset, learned counsel for the applicant(s) submitted that at this stage, he is confining his prayer to seek the benefit of the judgment(s) 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 for which liberty may be given to the applicant(s) and liberty may also be given to the applicant(s) to approach this Court again at appropriate stage for seeking appropriate relief. 4. Learned A.G.A has no objection to the prayer made by learned counsel for the applicant(s). 5. Keeping in view the aforesaid, the present application is disposed of with liberty as prayed for. Versus Counsel for Appellant(s) : Pradeep Kumar, Adarsh Tripathi, Prabhat Kumar Mishra Counsel for Respondent(s) : G.A. Brahmdutt And 3 Others .....Appellant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Respondent(s) 6. Taking note of the facts of the case and also the observations made by the Hon'ble Apex Court in the case of Satendra Kumar Antil (Supra) and Musheer Alam (Supra), this Court is of the view that it would be appropriate to observe that it is expected from the Police Officer concerned that for a period of 30 days from today, they would not take any coercive action against the applicant(s) in the aforesaid case. It is made clear that in this regard, no application shall be entertained. September 23, 2025 DiVYa CRLA No. 2964 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench