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2025 DAILYLAW 178250 (ALL)

RAVI MISHRA v. STATE OF U.P. THRU. PRIN. SECY. HOMES, U.P. AND 3 OTHERS

/1945/2025 · 2025-11-28

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 1945 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):- "It is, therefore, MOST RESPECTFULLY PRAYED that this Hon'ble Court may graciously be pleased to allow this application and quash the Charge Sheet dated 03.11.2024 as well as the entire proceeding of Case crime No. 0341 of 2024 under section 74 B.N.S.S. 7/8 PASCO Act (State Vs Ravi Mishra) P.S. Paraspur District- Gonda, pending in the Special Court PASCO Act Gonda. It is further prayer that this Hon'ble Court may kindly be pleased to stay the Charge Sheet dated 3.11.2024 as well as the entire proceeding of Case crime No. 0341 of 2024 under section 74 B.N.S.S. 7/8 PASCO Act (State Vs Ravi Mishra) P.S. Paraspur District- Gonda, pending in the Special Court PASCO Act Gonda during the pendency of the present application before this Hon'ble Court, otherwise the applicant would suffer irreparable loss and injury." 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 Versus Counsel for Applicant(s) : Mukul Pandey Counsel for Opposite Party(s) : G.A. Ravi Mishra .....Applicant(s) State Of U.P. Thru. Prin. Secy. Homes, U.P. And 3 Others .....Opposite Party(s) for the 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 in the aforesaid case. It is made clear that in this regard, no application shall be entertained. November 28, 2025 Arun/- NA528 No. 1945 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench