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2025 DAILYLAW 187172 (ALL)

BABLU @ ABHISHEK SRIVASTAVA AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

/1993/2025 · 2025-12-04

Saurabh Lavania

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 1993 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 kindly be pleased to quash the entire proceedings of Criminal Misc. Case No. Nill of 2025; State Vs. Deepanshu Shukla @ Deeptansh Shukla and others; in pursuance of Charge Sheet No.51(01) of 2025 dated 14.04.2025 arising out of Case Crime No. / First Information Report No. 47 of 2025, Under Section 74, 127(2), 115(2), 351(3), 352 Β.N.S., relating to Police Station Sadarpur, District Sitapur pending before Learned Second Additional Civil Judge (S.D.) Court No. 2 / Additional Chief Judicial Magistrate, Sitapur, so far as it relates to applicants as well as summoning order dated 04.07.2025 passed by Learned Second Additional Civil Judge (S.D.) Court No. - 2/ Additional Chief Judicial Magistrate, Sitapur (Contained as Annexure No. 1 and 2), in the interest of law and justice." 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. 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. December 4, 2025/Jyoti/- Versus Counsel for Applicant(s) : Neetu Verma, Mohd. Shahid Akhtar, Surat Singh Counsel for Opposite Party(s) : G.A. Bablu @ Abhishek Srivastava And Another .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench