SMT. SHEELA SAGAR v. STATE OF U.P. THRU. ITS PRIN. SECY. HOME LKO. AND 2 OTHERS
A482/8878/2025 · 2025-10-17
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 190159 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 190159 (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. - 8878 of 2025 Court No. - 13 HON'BLE SAURABH LAVANIA, J.
1. Heard Shri Ajay Kumar Pandey, learned counsel for the applicant, Shri Ajay Kumar Srivastava, learned AGA for the State and Ms Riya Yadav, holding brief of Ms Neera Yadav, learned counsel for the opposite party No.3 and perused the record. 2. The present application under Section 482 Cr.P.C. has been filed for the following main relief(s):-
"For the facts reasons and circumstances stated in the accompanying affidavit it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the Non-Bailable Warrant (N.B.W.) order dated 20.06.2025 as well as 26.08.2025 passed by Additional Sessions Judge, Room No.4/Special Judge (E.C. Act), Ayodhya in Crl. Misc. Case No.16/2019, State Vs. Sheela Sagar, arising out of Case Crime No. 345 of 2018, Under section-135 (1) (e) Indian Electricity Act P.S. Cantt., District- Faizabad, pending in the court of Additional Sessions Judge, Room No.4/Special Judge (E.C. Act), Ayodhya, contained in Annexure no.1 to the accompanying affidavit, in the interest of justice. It is further prayed that this Hon'ble Court may kindly be pleased to stay the further proceedings of the Crl. Misc. Case No.16/2019 Versus Counsel for Applicant(s) : Ajay Kumar Pandey Counsel for Opposite Party(s) : G.A., Neera Yadav Smt. Sheela Sagar .....Applicant(s) State Of U.P. Thru. Its Prin. Secy. Home Lko. And 2 Others .....Opposite Party(s)
State Vs. Sheela Sagar, arising out of Case Crime No. 345 of 2018, Under section-135 (1) (e) Indian Electricity Act P.S. Cantt., District-Faizabad, Pending in the court of Additional Sessions Judge, Room No.4/Special Judge (E.C. Act), Ayodhya, during the pendency of the above noted petition under section 482 Cr.P.C. (now section 528 BNSS), 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 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/court concerned that for a period of 30 days from today, he 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. October 17, 2025 ML/- A482 No. 8878 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench