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2025 DAILYLAW 175636 (ALL)

RABIN DUTTA v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO AND ANOTHER

/10083/2025 · 2025-11-28

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 10083 of 2025 Court No. - 13 HON'BLE SAURABH LAVANIA, J. 1. Heard learned counsel for the applicant and learned AGA for the State as well as perused the record. 2. The present application has been preferred seeking following main relief(s):- "For the facts, reasons and circumstances stated in the accompanying affidavit, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the entire proceeding of Criminal Case No.941 of 2016 "State of U.P. Vs. Rabin Dutta" arising out of FIR No.831 of 2014 later converted into Crime No.947 of 2014, registered at Police Station- Kotwali City, District Pratapgarh, lodged under section 419 and 420 of IPC and sections 18/27 of Medical Council Act, pending in the Court of Chief Judicial Magistrate, District Pratapgarh as well as impugned chargesheet dated 03.01.2015 (Annexure No.3) and impugned cognizance as well as summoning order dated 07.05.2016 (Annexure No.4), in the interest of justice." 3. At the very outset, learned counsel for the applicant 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 and liberty may also be given to the applicant 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) : Ashish Kumar Shukla Counsel for Opposite Party(s) : G.A. Rabin Dutta .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. 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 in the aforesaid case. It is made clear that in this regard, no application shall be entertained. November 28, 2025 Arun/- A482 No. 10083 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench