MOHD. SAHIL v. STATE OF U.P. THRU. ADDL. PRIN. SECY. DEPTT. OF HOME LKO AND 2 OTHERS
/1811/2025 · 2025-11-28
body2025
DailyLaw.ai
[ 2025 DAILYLAW 179282 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 179282 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 1811 of 2025 Court No. - 13 HON'BLE SAURABH LAVANIA, J.
1. Heard learned counsel for the applicant(s) and learned AGA for the State as well as perused the record. 2. Present application has been preferred seeking following main relief(s):-
"Wherefore, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the entire proceeding of the S.C. No. 1499/2025 arising out Case Crime No. 208 of 2025 U/s 351(2) BNS and 3(2)va of the Scheduled Castes/ Scheduled Tribes (Prevention of Atrocitieis) Act, 1989 (State of U.P. Vs. Mohd. Sahil) at Police Station - Kotwali City, District Pratapgarh, contained as annexure no. 1 & 2 of this petition, in the interest of justice. It is further prayed to this Hon'ble Court may kindly be pleased to set aside the summoning order dated 2.9.2025 passed by Special Judge SC/ST Act, Pratapgarh in S.C. No. 1499/2025 arising out Case Crime No. 208 of 2025 U/s 351(2) BNS and 3(2)va of the Scheduled Castes/ Scheduled Tribes (Prevention of Atrocitieis) Act, 1989 (State of U.P. Vs. Mohd. Sahil) at Police Station -Kotwali City, District this petition in the interest of justice."
3. Considering the facts of the case as also the observations made by the Hon'ble Apex Court in the judgment passed in the case(s) of Satender Kumar Antil vs. Central Bureau of Investigation and another, (2022) 10 S.C.R. 351 : (2022) 10 SCC 51 and Delhi Race Club (1940) Ltd. v. State of U.P., (2024) 10 SCC 690, without observing anything on merits, the present application is disposed of with liberty to the applicant to prefer an application in terms of judgment passed by the Hon'ble Apex Court in the case of Satender Kumar Antil (Supra), which shall be decided most expeditiously, and also thereafter to prefer an application seeking discharge based upon the judgment passed in the case of Delhi Race Club (Supra) and Versus Counsel for Applicant(s) : Dinesh Kumar Ojha Counsel for Opposite Party(s) : G.A. Mohd. Sahil .....Applicant(s) State Of U.P. Thru. Addl. Prin. Secy. Deptt.
Of Home Lko And 2 Others .....Opposite Party(s)
other law, which shall be considered and decided by the concerned court by passing a reasoned and speaking order within a period of four months from the date of production of certified copy of this order, if possible and if there is no other legal impediment in this regard. 4. With the aforesaid observations, the present application is disposed of. November 28, 2025 Vinay/- NA528 No. 1811 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench