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2025 DAILYLAW 163749 (ALL)

SANJAY KUMAR @ SANJAY AND 3 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. AND ANOTHER

NA528/1254/2025 · 2025-09-17

Saurabh Lavania

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 1254 of 2025 Court No. - 11 HON'BLE SAURABH LAVANIA, J. 1. Heard learned counsel for the applicant(s) and learned AGA for the State as well as perused the record. 2. The present application has been preferred seeking following main relief(s):- "For the facts, reasons and circumstances stated in the accompanying affidavit, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the Summoning order dated 10-12-2024 by which the petitioner's named above summoned by the learned trial court as well as quash the charge sheet filed in case crime no. 370/2024 P.S. Chanda U/S 115 (2), 352/351(3), 110,117(2) B.N.S. as well as entire proceedings of Criminal Case No. 7311/2024 titled as State Versus Sanjay and others arising out of Case Crime No. 370 of 2024 under section-352, 351(3), 110 B.N.S., Police Station - Chanda, District - Sultanpur, pending before the court of Learned Assistant Chief Judicial Magistrate, District - Sultanpur. It is further prayed that this Hon'ble Court may graciously be pleased to stay the entire proceedings of Criminal Case No. 7311/2024 State Versus Sanjay arising out of Case Crime No. 370 of 2024 under section - 352, 351(3),110 Β.N.S., Police Station- Chanda, District- Sultanpur, pending before the court of Learned Assistant Chief Judicial Magistrate, District Sultanpur, in the interest of justice." 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) Versus Counsel for Applicant(s) : Rajesh Yadav, Yashoda Kumari Counsel for Opposite Party(s) : G.A. Sanjay Kumar @ Sanjay And 3 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. And Another .....Opposite Party(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 AGA 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. 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 17, 2025 Arun/- NA528 No. 1254 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench