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2025 DAILYLAW 175986 (ALL)

SUFIYAN AND 7 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

/10019/2025 · 2025-11-26

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 10019 of 2025 Court No. - 13 HON'BLE SAURABH LAVANIA, J. 1. Heard learned counsel for the applicants, learned AGA for the State and perused the record. 2. The present application under Section 482 Cr.P.C. has been filed for the following main relief(s):- "Wherefore, it is very respectfully prayed that this Hon'ble court may kindly be pleased to set aside the impugned summoning order 07.12.2023 issued by the Special Judge SC/ST Act, Hardoi in Complaint Case No.915/2021 (Uma Shanker Vs Sufiyan & Others) under sections 323,504, IPC & 3 (1) dha is contained as Annexure No. 6 with this petition. It is further prayed that drop the proceeding of the Complaint Case No.915/2021 pending before the Special Judge SC/ST Act, Hardoi under section 323,504 IPC. & 3(1) dha" 3. At the very outset, learned counsel for the applicants 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 applicants and liberty may also be given to the applicants to approach this Court again at Versus Counsel for Applicant(s) : Vikas Sharma Counsel for Opposite Party(s) : G.A. Sufiyan And 7 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s) appropriate stage for seeking appropriate relief. 4. Learned AGA has no objection to the prayer made by learned counsel for the applicants. 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/court concerned that for a period of 30 days from today, he would not take any coercive action against the applicants in the aforesaid case. It is made clear that in this regard, no application shall be entertained. November 26, 2025 ML/- A482 No. 10019 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench