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2025 DAILYLAW 164558 (ALL)

VIJAY PRATAP SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO. AND 2 OTHERS

A482/7809/2025 · 2025-09-17

Saurabh Lavania

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7809 of 2025 Court No. - 11 HON'BLE SAURABH LAVANIA, J. 1. Heard learned counsel for the applicant and learned AGA for the State as well as perused the record. 2. The present application has been filed by the applicant for the following main relief(s):- "Wherefore, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to quashing the Charge Sheet bearing no. 48 of 2023 dated 5.7.2023 as well as summoning order dated 5.9.2023 passed by Addl. Sessions Judge (POCSO), District Pratapgarh in Session Trial No. 1443/2024 arising out Case Crime No. 316 of 2022 U/s 147, 148, 149, 323, 504, 506, 427, 452 IPC and 3(1)(da) 3(1) (dha), 3(2)(v) ka SC/ST Act, at Police Station Mandhata, District -Pratapgarh "State Vs. Rajendra Pratap Singh & Others" by means of which the Ld. Special Court, POCSO Act, District Pratapgarh taken cognizance against the accused persons and summoned the accused persons for facing the trial including the Present applicant, contained as Annexure No. 1 to this petition, 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) 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 Applicant(s) : Dinesh Kumar Ojha Counsel for Opposite Party(s) : G.A. Vijay Pratap Singh .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And 2 Others .....Opposite Party(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/- A482 No. 7809 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench