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2025 DAILYLAW 195130 (ALL)

PURUSHOTTAM ALIAS RINKU AND 4 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/8214/2025 · 2025-10-06

Saurabh Lavania

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 8214 of 2025 Court No. - 11 HON'BLE SAURABH LAVANIA, J. 1. Heard learned counsel for the applicants, learned AGA for the State and perused the record. 2. The present application under Section 482 Cr.P.C. has been filed for the following main relief(s):- "(i) To quash the summoning order dated 06/05/2025 as well as entire proceedings of Criminal Case No 4483 of 2016 (Shri Chandra Prakash verses Kalyan and others) under section 452/323/504- of I.P.C, P.S.-Ramkot, District- Sitapur, presently pending before the Court of Additional Civil Judge (Senior Division), Sitapur as contained in (Annexure No.11) (ii) To stay the further proceedings of Criminal Case No 4483 of 2016 (Shri Chandra Prakash verses Kalyan and others) under section 452/323/504 of I.P.C, P.S.- Ramkot, District- Sitapur, presently pending before the Court of Additional Civil Judge (Senior Division), Sitapur, during the pendency of the instant petition." 3. At the very outset, learned counsel for the applicants 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 Versus Counsel for Applicant(s) : Abhishek Yadav, Archana Yadav, Sunil Kumar Maurya Counsel for Opposite Party(s) : G.A. Purushottam Alias Rinku And 4 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) 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 applicants and liberty may also be given to the applicants 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 applicants. 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 applicants in the aforesaid case. It is made clear that in this regard, no application shall be entertained. October 6, 2025 ML/- A482 No. 8214 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench