ABDUL RAHMAN AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
A482/9894/2024 · 2025-09-19
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 167555 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 167555 (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. - 9894 of 2024 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 filed by the applicant(s) for the following main relief(s):-
"(i) Quash the Complaint Case no. 21042/2023 titled as Smt. Niswa Bano alias Muskan. Versus Abdul Rahman and Others U/SS. 498A, 323, 504 I.P.C. and 3/4 D.P. Act, P.S. Payagpur, District Bahraich, pending in the Court of Additional Civil Judge (J.D.)/F.T.C., Bahraich. (ii) Quash the Summoning Order dated 19.12.2023, passed in the aforesaid Complaint No. 21042/22, calling upon the petitioners to face Trial for the offences punishable U/SS. 498A, 323, 504 I.P.C. and 3/4 D.P. Act, P.S. Payagpur, District Bahraich, pending in the Court of Additional Civil Judge(J.D.)/F.T.C.., Bahraich."
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 Versus Counsel for Applicant(s) : Gibran Akhtar Khan, Nayab Alam Counsel for Opposite Party(s) : G.A. Abdul Rahman And 2 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s)
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 19, 2025 Jyoti/- A482 No. 9894 of 2024 2 (Saurabh Lavania,J.) Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench