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2025 DAILYLAW 164409 (ALL)

ASHISH PAVAR (WRONGLY MENTIONED AS ASHISH SINGH ) v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

A482/7804/2025 · 2025-09-19

Saurabh Lavania

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7804 of 2025 Court No. - 11 HON'BLE SAURABH LAVANIA, J. 1. Heard learned counsel for the applicant and learned AGA for the State. 2. The present application has been filed by the applicant for the following main reliefs:- "Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the entire proceedings of Criminal Case No.2901673 of 2018; State Versus Ashish Singh, arising out of Case Crime No.266 of 2017; under Sections 406, 354-AIPC, relating to the Police Station - Ataria, District - Sitapur, pending in the Court of learned Additional Chief Judicial Magistrate-II, Sitapur, as well as impugned chargesheet no.19/18, dated 31.1.2018, submitted by the Investigating Officer against the petitioner, under Sections 460 and 354-A, IPC, in aforesaid Case Crime No.266 of 2017 and impugned cognizance/summoning order dated 27.6.2018, passed by the concerned Court, as contained in Annexure nos. 2 and 3 respectively to this petition, in the interest of law and justice." 3. At the very outset, learned counsel for the applicant 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 Versus Counsel for Applicant(s) : Ashok Kumar Singh, Ashish Kumar Tiwari Counsel for Opposite Party(s) : G.A. Ashish Pavar (Wrongly Mentioned As Ashish Singh ) .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s) Alam vs. State of Uttar Pradesh and Another, 2025 SCC OnLine SC 116 for which liberty may be given to the applicant and liberty may also be given to the applicant to approach this Court again at appropriate stage for seeking appropriate relief. 4. Learned AGA for the State has no objection to the prayer made by learned counsel for the applicant. 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 in the aforesaid case. It is made clear that in this regard, no application shall be entertained. September 19, 2025 KR A482 No. 7804 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- RABINDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench