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2025 DAILYLAW 185242 (ALL)

PAWAN KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO. AND 3 OTHERS

NA528/1933/2025 · 2025-12-05

Saurabh Lavania

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 1933 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):- "WHEREFORE, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the police report (charge-sheet) dated 31.08.2025 in Case Crime No. 0279/2025, Under Sections 74, 351 (3) B.N.S. (354, 506 I.P.C.) and 7/8 POCSO Act, Police Station Visheshwar Ganj, District Bahraich and the cognizance and summoning order dated 15.09.2025 passed by learned Additional District and Sessions Judge/Special Judge (POCSO Act),, Bahraich and further proceedings of the case, Case No. 1154/2025 In'Re; "State Versus Pawan Kumar" 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 for the applicant. 5. Keeping in view the aforesaid, the present application is disposed of Versus Counsel for Applicant(s) : Dr. Surendra Kumar Misra, Avnish Kumar Tiwari Counsel for Opposite Party(s) : G.A. Pawan Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And 3 Others .....Opposite Party(s) 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. December 5, 2025 Anurag NA528 No. 1933 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench