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2025 DAILYLAW 167633 (ALL)

SUMAN SHUKLA AND 3 OTHERS v. THE STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/8401/2025 · 2025-09-26

Saurabh Lavania

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 8401 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 the proceedings pending in the court of Chief Judicial Magistrate- Hardoi vide criminal complaint case no. 3528/2015 (Smt. Kiran Pandey versus Smt. Suman Shukla and others) criminal complaint case no. 3528/2015 under section 452,323 ,504 and 506 I.P.C as well as Summoning order dated 04.04.2024 issued by Chief Judicial Magistrate- Hardoi in criminal complaint case no. 3528/2015 under section 452,323,504 and 506 I.P.C.( Annexure 1). It is further prayed that this Hon'ble Court may kindly be pleased to stay the proceedings pending in the court of of Chief Judicial Magistrate- Hardoi vide criminal complaint case no. 3528/2015 (Smt. Kiran Pandey versus Smt. Suman Shukla and others) criminal complaint case no. 3528/2015 under section 452,323,504 and 506 I.P.C." 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) : Anurag Tripathi Counsel for Opposite Party(s) : G.A. Suman Shukla And 3 Others .....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 Vinay/- A482 No. 8401 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench