SANTOSH SINGH AND 2 OTHERS v. STATE OF U.P. THRU PRIN. SECY. LKO. AND ANOTHER
/10013/2025 · 2025-11-26
body2025
DailyLaw.ai
[ 2025 DAILYLAW 172967 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 172967 (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. - 10013 of 2025 Court No. - 13 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):-
"Wherefore, it is most respectfully prayed in the interest of justice that this Hon'ble Court may kindly be pleased to allow this petition U/s 482 Cr.P.C. r/w 528 B.N.S.S. and quash the entire criminal proceedings pending against the petitioners in the court of Learned Judicial Magistrate, Court No. 1, Hardoi vide Criminal Complaint No. 14447/2022, U/s 323, 504, 506 I.P.C., Police Station-Baghauli, District- Hardoi and also quash the impugned summoning order dated 23-10-2023 passed by Learned Judicial Magistrate, Court No. 1, Hardoi vide Criminal Complaint No. 14447/2022, U/s 323, 504, 506 I.P.C., Police Station-Baghauli, District-Hardoi, contained as Annexure No. 1 to this petition.Any other order or direction as this Hon'ble Court may deem just and appropriate in the nature and circumstances of the case, may also kindly be passed in favour of the petitioners."
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 prefer a discharge application before the court below and the same may be directed to be decided expeditiously. 4. Learned AGA has no objection to the prayer made by learned counsel for the Versus Counsel for Applicant(s) : Rajiva Dubey Counsel for Opposite Party(s) : G.A. Santosh Singh And 2 Others .....Applicant(s) State Of U.P. Thru Prin. Secy. Lko. And Another .....Opposite Party(s)
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. November 26, 2025 Jyoti/- A482 No. 10013 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench