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2025 DAILYLAW 179961 (ALL)

AMIT KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 2 OTHERS

A482/8927/2025 · 2025-11-03

Transfer Petitionbody2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 8927 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. The present application has been preferred seeking following main relief(s):- "1. Quash the Charge Sheet No. 81/2024 dated 18.04.2024 filed by the Investigating Officer in Case No. 42/2024, under Sections 323/452/504/34/325 IPC, P.S. Dostpur, District Sultanpur. 2. Quash the cognizance/summoning order dated 02.09.2024 passed by the Court of A.C.J.M.-18, Sultanpur in the aforesaid case. 3. During pendency of the present petition, kindly stay further proceedings of Case No. 42/2024 pending before ACJM-18, Sultanpur." 3. At the very outset, learned counsel for the applicant(s) 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. 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) : Virendra Patel, Amrita Preetam Verma Counsel for Opposite Party(s) : G.A. Amit Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 2 Others .....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(s) in the aforesaid case. It is made clear that in this regard, no application shall be entertained. November 3, 2025 Arun/- A482 No. 8927 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench