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2025 DAILYLAW 167585 (ALL)

RAM KRIPAL ALIAS NANAKE v. THE STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

NA528/1401/2025 · 2025-09-26

Saurabh Lavania

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 1401 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):- "(1) To quash the proceeding of Criminal Case arising out from the complaint case no. 16690/2025 pending before Court of Chief Judcial Magistrate, Gonda contained in Annexure No. 1 to this petition. (ii) To quash the summoning order dated 11-03-2025 contained in Annexure No. 2 to this petition. (iii) To quash the order dated 14-07-2025 by issuing Non Bailable Warrant contained in Annexure No. 3 to this petition." 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 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. Versus Counsel for Applicant(s) : Avadhesh Kumar Singh Counsel for Opposite Party(s) : G.A. Ram Kripal Alias Nanake .....Applicant(s) The State Of U.P. Thru. Prin. Secy. Home 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 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/- NA528 No. 1401 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench