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2025 DAILYLAW 190205 (ALL)

GHAN SHYAM MAURYA AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. HOME LKO. AND ANOTHER

A482/8995/2025 · 2025-10-17

Saurabh Lavania

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 8995 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 be pleased to quash/set-aside the impugned Charge sheet No. 01 dated 25.05.2023 arising out of case crime no. 53 of 2022, under section 419, 420, 504, 506 & 406 of IPC, Police Station Dhanpatganj, District Sultanpur as well as cognizance order dated 04.01.2024 passed by Additional Chief Judicial Magistrate, Court No. 19, Sultanpur, in Criminal Case No. 338/2025 "State Vs. Surya Pal Gupta and others" date fixed 14.10.2025, as contained in Annexure No. 1 & 2 to this 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 Versus Counsel for Applicant(s) : Ravindra Kumar Dwivedi Counsel for Opposite Party(s) : G.A. Ghan Shyam Maurya And Another .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. And Another .....Opposite Party(s) 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. October 17, 2025 Jyoti/- A482 No. 8995 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench