Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 165824 (ALL)

ABDUL KADIR AND 3 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO. AND ANOTHER

/8025/2025 · 2025-09-23

Saurabh Lavania

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 8025 of 2025 Court No. - 11 HON'BLE SAURABH LAVANIA, J. 1. Heard learned counsel for the applicants, 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 set aside the order dated 20.01.2025 passed by Additional Civil Judge (J.D.)/J.M., Court no. 2, Bahraich in Complaint Case No. 7400/2024, Under Section 504, 392 I.P.C., Police Station Kotwali Nagar, District Bahraich, In'Re; "Abdul Hameed Versus Abdul Kadir and others" and order dated 12.08.2025 passed by Third Additional District and Sessions Judge, Bahraich in Criminal Revision No. 142/2025 In; Re' "Abdul Kadir and others Versus State and another", in the interest of justice." 3. At the very outset, learned counsel for the applicants 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 applicants and liberty may also be given to the applicants 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 applicants. 5. Keeping in view the aforesaid, the present application is disposed of with liberty as prayed for. Versus Counsel for Applicant(s) : Lalu Prasad Bhatt, Rashmi Srivastava, Shiv Bahadur Yadav Counsel for Opposite Party(s) : G.A. Abdul Kadir And 3 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And Another .....Opposite Party(s) 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 applicants in the aforesaid case. It is made clear that in this regard, no application shall be entertained. September 23, 2025 ML/- A482 No. 8025 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench