GAURAV SINGH v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO. AND ANOTHER
NA528/1570/2025 · 2025-11-03
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[ 2025 DAILYLAW 178899 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 178899 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 1570 of 2025 Court No. - 13 HON'BLE SAURABH LAVANIA, J.
1. Heard learned counsel for the applicant(s), learned AGA for the State of U.P. and Sri Akbar Ali Khan, Advocate, who has filed Vakalatnama alongwith Sri Mohd. Shaheem, Advocate on behalf of the opposite party No. 2 in the Court today and the same is taken on record, 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 in the interest of justice may very kindly be pleased to allow the present application and be further pleased to quash the impugned chargesheet dated 11.05.2025, impugned summoning order dated 15.07.2025 passed by the learned Additional Chief Judicial Magistrate-5, District Lucknow and the bailable warrant dated 09.09.2025 passed by the learned Additional Chief Judicial Magistrate-5, District Lucknow against the applicant in Case Crime No.0201 of 2025, under Section 324(2), 110, 351(3), 352, 115(2), 191(2) of B.N.S at P.S. Thakurganj, District Lucknow and be further pleased to quash the entire further criminal proceedings of Criminal Case No.68440 of 2025 (State versus Danish and others) pending before the learned Additional Chief Judicial Magistrate-5, District Lucknow with all its consequential effects."
3. On being confronted after taking note of the judgment dated 15.01.2025 passed by this Court in APPLICATION U/S 482 No. - 9045 of 2024 (Pramod Kumar Alias Sanjay And Others vs. State Of U.P. Thru. Its Prin. Secy. Deptt. Of Home, Lko. And Another), the learned counsel for the applicant(s), at the outset, 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 approach this Court again at appropriate stage for seeking appropriate relief. Versus Counsel for Applicant(s) : Shwetabh Singh Counsel for Opposite Party(s) : G.A. Gaurav Singh .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Another .....Opposite Party(s)
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. 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 3, 2025 Arun/- NA528 No. 1570 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench