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2025 DAILYLAW 174705 (ALL)

BALMUKUND AND 4 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

CRLA/3734/2025 · 2025-11-17

Saurabh Lavania

Criminal Appealbody2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL APPEAL No. - 3734 of 2025 Court No. - 13 HON'BLE SAURABH LAVANIA, J. 1. Heard learned counsel for the appellant(s) and learned AGA for the State as well as perused the record. 2. The present appeal has been filed by the appellant(s) for the following main relief(s):- "To quash the impugned congnigence order dated 2-9-2025 passed by Special judge SC/ST act Pratapgarh and charge sheet no. 27/2025 dated 26-6-2025 under section 191[2],115[2], 352, 351[3],324[4] IPC and 3[1] [r], 3[1][s], 3[2]va SC/ST act in case crime no. 176 of 2025 Police station Raniganj District Pratapgarh U.P. in S.T. no. 1503 of 2025 State vs Balmukund and other The copy of congnigence order dated 2-9-2025 and charge sheet is being annexed herewith as annexure no. 1 and 2 to this petition." 3. At the very outset, learned counsel for the appellant(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 appellant(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 appellant(s). 5. Keeping in view the aforesaid, the present appeal is disposed of with Versus Counsel for Appellant(s) : Rajesh Kumar Dhuriya, Anil Kumar Nishad Counsel for Respondent(s) : G.A. Balmukund And 4 Others .....Appellant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another .....Respondent(s) 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 appellant(s) in the aforesaid case. It is made clear that in this regard, no application shall be entertained. November 17, 2025 Jyoti/- CRLA No. 3734 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench