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2025 DAILYLAW 182649 (ALL)

AJAY MISHRA @ LUVKUSH MISHRA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

NA528/1572/2025 · 2025-11-06

Saurabh Lavania

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 1572 of 2025 Court No. - 13 HON'BLE SAURABH LAVANIA, J. 1. Heard learned counsel for the applicant, learned AGA for the State and perused the record. 2. The present application under Section 528 BNSS (akin to Section 482 Cr.P.C.) has been filed for the following main relief (s):- "(i) Quash the impugned charge sheet dated 04.11.2024, and summoning order dated 08.09.2025 passed in Case No.14018/2025, F.I.R. No.0120/2024, U/S-115(2), 352, & 351(3) Β.Ν.S. 2023, Police Station - Delhupur, District - Pratapgarh, which has been passed by Learned Judicial Magistrate, Pratapgarh, State Vs. Ajay Mishra @ Lavkush Mishra and others contained as Annexure No.2 & 3 to this petition. (ii) Stay the entire proceeding of case No.14018/2025, F.I.R. No. 0120/2024, U/S-115(2), 352, & 351(3) B.N.S. 2023, Police Station-Delhupur, District-Pratapgarh, which has been passed by Learned Judicial Magistrate, Pratapgarh, State Vs. Ajay Mishra @ Lavkush Mishra." 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 Versus Counsel for Applicant(s) : Ambuj Vishwakarma, Aneeta Yadav, Karam Chand Yadav, Suresh Pal Counsel for Opposite Party(s) : G.A. Ajay Mishra @ Luvkush Mishra .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) 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 for the applicant. 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 applicant in the aforesaid case. It is made clear that in this regard, no application shall be entertained. November 6, 2025 ML/- NA528 No. 1572 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench