RIZVAN ALI AND 4 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
CRLA/2963/2025 · 2025-09-17
Saurabh Lavania
Criminal Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 164413 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 164413 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL APPEAL No. - 2963 of 2025 Court No. - 11 HON'BLE SAURABH LAVANIA, J.
1. Heard learned counsel for the appellants and learned AGA for the State as well as perused the record. 2. The present appeal has been filed by the appellants for the following main relief(s):-
"Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to set aside / quash the Summoning Order dated 27-06- 2025 under section 323, 504 506 I.P.C. and 3(1)(r)(s) SC / ST Act passed by Special Judge (SC/ST) Act, Gonda in Complaint Case No. 144/2023 Jagpata versus Rizwan Ali and others and as well as Complaint Case No. 144/2023 Jagpata versus Rizwan Ali and others pending in the court of Special Judge (S.C/S.T. Act), District Gonda and appeal be allowed. Any other or directions in the facts and circumstances of the case may also be passed in favor of appellant."
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 AGA has no objection to the prayer made by learned counsel for the applicant(s). Versus Counsel for Appellant(s) : Praveen Tripathi, Tripti Gupta Counsel for Respondent(s) : G.A. Rizvan Ali And 4 Others .....Appellant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Respondent(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 Jyoti/- CRLA No. 2963 of 2025 2
(Saurabh Lavania,J.) Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench