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2025 DAILYLAW 164923 (ALL)

NANKU @ RAM KARAN v. THE STATE OF U.P. THRU. PRIN. SECY. DEPTT. HOME U.P. LKO. AND ANOTHER

A482/7873/2025 · 2025-09-18

Saurabh Lavania

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7873 of 2025 Court No. - 11 HON'BLE SAURABH LAVANIA, J. 1. Heard learned counsel for the applicant, learned AGA for the State and perused the record. 2. The present application under Section 482 Cr.P.C. 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/set-aside the impugned judgment and order dated 28.7.2025 passed by learned Third Additional District & Sessions Judge, Bahraich in Criminal Revision No.264/2024 (Nanku @ Ram Karan Versus Smt. Kunwara Devi & Others) as well as impugned summoning order dated 6.7.2022 passed by learned Civil Judge (Junior Division)/F.T.C (Crime against Women), Bahraich in Complaint Case No.5023/2022 (Smt.Kunwasra Versus Nanku @ Ram Karan) Under Sections 494, 323, 506 IPC, Police Station Dargah Sharif, District Bahraich including entire proceeding thereof, as contained in Annexure No.1 & 2 to this Petition." 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 Alam vs. State of Uttar Pradesh and Another, 2025 Versus Counsel for Applicant(s) : Pt. Devesh Kumar Mishra Counsel for Opposite Party(s) : G.A. Nanku @ Ram Karan .....Applicant(s) The State Of U.P. Thru. Prin. Secy. Deptt. Home U.P. Lko. And Another .....Opposite Party(s) 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 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/court concerned that for a period of 30 days from today, he 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 18, 2025 ML/- A482 No. 7873 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench