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2025 DAILYLAW 164109 (ALL)

MOHAMMAD JAMAL AND 8 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/7815/2025 · 2025-09-19

Saurabh Lavania

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7815 of 2025 Court No. - 11 HON'BLE SAURABH LAVANIA, J. 1. Heard Shri Suresh Kumar Yadav, 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):- "A. To, quash the impugned charge sheet dated 08.05.2022 (Annexure No.1) filed in Case Crime No. 198 of 2022 under section 2 of Prevention of Insult to National Honour Act, 1971, lodged at Police Station - Ram Nagar, District - Barabanki. B. To, quash the entire criminal proceedings as well as the Cognizance Order dated 15.11.2022 (Annexure No.2) passed by the learned Additional Chief Judicial Magistrate, Court no. 11, Barabanki, in Criminal Case No. 2355 / 2022 (State of U.P. vs. Kasim and others) arising out of Case Crime No. 198 of 2022 under section 2 of Prevention of Insult to National Honour Act, 1971, lodged at Police Station - Ram Nagar, District - Barabanki." 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 Versus Counsel for Applicant(s) : Suresh Kumar Yadav, Poonam Counsel for Opposite Party(s) : G.A. Mohammad Jamal And 8 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) 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 19, 2025 Mohit Singh/- A482 No. 7815 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench