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2025 DAILYLAW 190147 (ALL)

UMA CHAND v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME LKO AND ANOTHER

A482/9041/2025 · 2025-10-17

Saurabh Lavania

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 9041 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 preferred seeking following main relief(s):- "Wherefore, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the impugned entire proceeding of Case No. 84/2020 under section 279, 338 IPC and Section 184 of Motor Vehicle Act in Case Crime/FIR No.192/2019, Police Station Dhanepur, District Gonda including the summoning order dated 13.01.2020 and charge sheet, contained as Annexure No.1&2, in the interest of justice. As an interim measure to stay the further proceeding of proceeding of Case No. 84/2020 under section 279, 338 IPC and Section 184 of Motor Vehicle Act in Case Crime/FIR No.192/2019, Police Station Dhanepur, District Gonda, during the pendency of instant petition, in the interest of 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). Versus Counsel for Applicant(s) : Alok Kr. Misra Counsel for Opposite Party(s) : G.A. Uma Chand .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko And Another .....Opposite Party(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. October 17, 2025 Arun/- A482 No. 9041 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench