Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 164134 (ALL)

DIPAK KAUSHAL ALIAS KAUSHAL DIPAKKUMAR SHIVKUMAR AND 6 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

NA528/1243/2025 · 2025-09-17

Saurabh Lavania

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 1243 of 2025 Court No. - 11 HON'BLE SAURABH LAVANIA, J. 1. Heard learned counsel for the applicants, learned AGA for the State and perused the record. 2. The present application has been filed for the following main relief(s):- "WHEREFORE, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the impugned summoning order dated 18.02.2025 passed in criminal case no. 4389/2025 in case of State Vs. Dipak Kaushal & Others by the Learned Court of Civil Judge (Junior Division)/ FTC-II, Gonda, District Gonda and Charge Sheet bearing no.01 16.12.2024, U/S- 498- A,323,504,506 IPC & 3/4 D.P. Act submitted by the investigating officer without conducting proper investigation of the case arising out of Case Crime No. 0078/2024, U/S-498- A,323,504,506 IPC & 3/4 D.P. Act, Police Station- Mahila Thana, District- Gonda. Photostat/Certified copy of the summoning order dated 18.02.2025 and chargesheet bearing no. 01 dated 16.12.2024 has already been annexed to this petition respectively as Annexure No.1 & 2." 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. Versus Counsel for Applicant(s) : Arjun Kumar Kaushal Counsel for Opposite Party(s) : G.A. Dipak Kaushal Alias Kaushal Dipakkumar Shivkumar And 6 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s) 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/court 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 ML/- NA528 No. 1243 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench