RAJ KUMAR v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. HOME LKO. AND ANOTHER
/10077/2025 · 2025-11-28
body2025
DailyLaw.ai
[ 2025 DAILYLAW 184385 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 184385 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 10077 of 2025 Court No. - 13 HON'BLE SAURABH LAVANIA, J.
1. Heard learned counsel for the applicant and learned AGA for the State as well as perused the record. 2. The present application has been preferred seeking following main relief(s):-
"The petitioner above named most respectfully begs to submit that, in view of the facts, reasons, and circumstances stated in the accompanying affidavit, this Hon'ble Court may graciously be pleased to quash the Summoning Order dated 16.06.2022 (Annexure No. 1) passed by the learned Additional Chief Judicial Magistrate-1, Lucknow in Case No. 56342 of 2022, arising out of Case Crime No. 0264 of 2018, State of U.P. vs. Raj Kumar and Others, under Sections- 3 and 7 of the Essential Commodities Act, 1955, Police Station Alambagh, District Lucknow, as well as the Charge Sheet No. 01/2021 dated 30.11.2021 (Annexure No. 2) submitted by the Investigating Officer before the learned Additional Chief Judicial Magistrate-I, Lucknow, and all consequential proceedings arising therefrom and presently pending before the court of the learned Additional Chief Judicial Magistrate-I, Lucknow, in the interest of justice."
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 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 Versus Counsel for Applicant(s) : Adarsh Srivastava, Gaurav Tripathi, Uma Shanker Srivastava Counsel for Opposite Party(s) : G.A. Raj Kumar .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Home Lko. And Another .....Opposite Party(s)
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 in the aforesaid case. It is made clear that in this regard, no application shall be entertained. November 28, 2025 Arun/- A482 No. 10077 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench