SANTOSH KUMAR UPADHYAY v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
/10039/2025 · 2025-11-28
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[ 2025 DAILYLAW 183860 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 183860 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 10039 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 filed by the applicant(s) for the following main relief(s):-
"Wherefore it is most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the impugned charge sheet no.-01 of 2009, dated 14-07-2009, as well as summoning order dated-14.07.2009 passed by Learned Court of C.J.M. District- Unnao of in criminal case no-5339/2009, new criminal case no- 3761/2019 and case crime no.-1851/2009, U/s-147, 353, 332 I.P.C. and U/s- 7 Criminal Law Amendment Act., Police Station- Kotwali Sadar, District Unnao as entered in Annexure No. 1 & 2 respectfully of this petition."
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. Versus Counsel for Applicant(s) : Hari Prasad, Mohd. Shoeb Counsel for Opposite Party(s) : G.A. Santosh Kumar Upadhyay .....Applicant(s) State Of U.P. Thru. Prin. 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 28, 2025 Jyoti/- A482 No. 10039 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench