SAHADAT HUSSAIN v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. CIVIL SECTT. LKO. AND ANOTHER
A482/8368/2025 · 2025-09-26
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 167452 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 167452 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 8368 of 2025 Court No. - 11 HON'BLE SAURABH LAVANIA, J.
1. Heard learned counsel for the applicant(s) and learned AGA for the State as well as perused the record. 2. The present application has been preferred seeking following main relief(s):-
"Wherefore it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash of summoning order dated 01.03.2023 passed in a complaint case bearing CNR No. UPGD40028342022 under section 138 NI Act P.S- Chhapiya District- Gonda titled as "Pramod Kumar Gupta vs Sahadat Hussain" pending in the Court of Civil Judge Junior Division /F.T.S, District - Gonda in the interest of justice. AND
It is further respectfully prayed that this Hon'ble Court may kindly be pleased to stay the further proceeding of summoning order dated 01.03.2023 passed in a complaint case bearing CNR No. UPGD40028342022 under section 138 NI Act P.S- Chhapiya District- Gonda titled as " Pramod Kumar Gupta vs Sahadat Hussain" pending in the Court of Civil Judge Junior Division /F.T.S, District - Gonda during pendency of present 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 Versus Counsel for Applicant(s) : Mohammad Asad Mahmood, Shujat Kidwai Counsel for Opposite Party(s) : G.A. Sahadat Hussain .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko. And Another .....Opposite Party(s)
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). 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 26, 2025 Arun/- A482 No. 8368 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench