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2025 DAILYLAW 165282 (ALL)

ZABEERUDDIN v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

/8014/2025 · 2025-09-23

Saurabh Lavania

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 8014 of 2025 Court No. - 11 HON'BLE SAURABH LAVANIA, J. 1. Heard learned counsel for the applicant, learned AGA for the State; and Shri Manu Dixit, Advocate, Shri Arpit Gupta and Ms. Mahima Dixit, who have filed Power on behalf of respondent no.2, which is taken on record. 2. The present application has been filed by the applicant for the following main reliefs:- "to exercise the inherent power U/S-482 Cr.P.C. (now section- 528 B.N.S.S. to allow this application to quash the B.W. order dt. 24.10.2024 and summoning order dated 04.04.2024 passed by court of Presiding Officer, Additional court, Room no. 5, Luck now in re; HDFC Bank Ltd. vs. Zabeeruddin in complaint case no. 32425/2024 U/S 138 N.I. Act, pending in the court of Additional Court Room No.5, Lucknow in the interest of justice. Contained as Annexure No. 01 and 02" 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 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. Versus Counsel for Applicant(s) : Mohammad Moqueem, Farhan Ahmad Khan, Rehan Aziz Counsel for Opposite Party(s) : G.A., Manu Dixit Zabeeruddin .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s) 4. Learned counsels for the respondents have 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 23, 2025 Mohit Singh/- A482 No. 8014 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench