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2025 DAILYLAW 1859 (ALL)

DHARMENDRA NISHAD AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 5 OTHERS

A482/7810/2025 · 2026-02-24

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7810 of 2025 Court No. - 11 HON'BLE SAURABH LAVANIA, J. 1. Heard learned counsel for the applicants and learned AGA for the State. 2. The present application has been filed by the applicants for the following main reliefs:- "(i) quash the entire criminal proceedings pending before the Court of Special Judge POCSO Act, Ambedkar Nagar in POCSO Case No. 11/2018, State Versus Dharmendra Nishad & others, including impugned Charge Sheet No. 01/2017 dated 2.01.2018 arises out of Case Crime No. 185/2017, U/s- 354,323,IPC, & 7/8 POCSO Act Police Station-Bhiti, District-Ambedkar Nagar, on the basis of joint compromise dated 20.08.2025 drawn/executed between the petitioners and opposite party no. 2 to 4, contained as Annexure No. 1, to this application., (ii) stay the further criminal proceedings pending before the Court of Special Judge POCSO Act, Ambedkar Nagar in POCSO Case No. 11/2018, State Versus Dharmendra Nishad & others, including impugned Charge Sheet No. 01/2017 dated 2.01.2018 arises out of Case Crime No. 185/2017, U/s- 354,323, IPC, & 7/8 POCSO Act Police Station-Bhiti, District-Ambedkar Nagar, criminal proceedings pending before the Court of Special Judge POCSO Act, Ambedkar Nagar during pendency of present application." Versus Counsel for Applicant(s) : Pradeep Kumar Shukla, Manoj Kumar Nishad Counsel for Opposite Party(s) : G.A. Dharmendra Nishad And 2 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 5 Others .....Opposite Party(s) 3. At the very outset, learned counsel for the applicants 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 applicants and liberty may also be given to the applicants to approach this Court again at appropriate stage for seeking appropriate relief. 4. Learned AGA for the State has no objection to the prayer made by learned counsel for the applicants. 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 applicants in the aforesaid case. It is made clear that in this regard, no application shall be entertained. September 19, 2025 KR A482 No. 7810 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- RABINDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench