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2025 DAILYLAW 190216 (ALL)

ASHARAM YADAV @ ASHARAM v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

NA528/1589/2025 · 2025-10-17

Saurabh Lavania

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 1589 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):- "For the facts, reasons and circumstances stated in the accompanying petition/application, duly supported by an affidavit, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the impugned charge sheet no. 01/2024 of Case Crime No. 607/2024 U/S- 115, 352, 351 (2) & 76 B.N.S. 323, 504, 506, 354B I.P.C. P.S.-Kotwali, District-Barabanki as well as the entire proceeding of impugned summoning order dated 22.07.2025 of Criminal Case No.-31054/2025 "State Vs. Asharam passed by Chief Judicial Magistrate, Court No. 18, Barabanki as contained in Annexure No.1 & 2 to this application/petition." 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. Versus Counsel for Applicant(s) : Monu Singh Yadav Counsel for Opposite Party(s) : G.A. Asharam Yadav @ Asharam .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) 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. October 17, 2025 Jyoti/- NA528 No. 1589 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench