FIROZ v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
NA528/1605/2025 · 2025-10-17
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 195303 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 195303 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 1605 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 charge sheet dated 25.12.2024 filed in FIR No. 0134/2024 filed on dated 02.07.2024 under section 305(a) and 317(2) of BNS 380 and 411 of IPC and the order of summoning dated 01.02.2025 by the Chief Judicial Magistrate, Kunda, Pratapgarh."
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).
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/- Versus Counsel for Applicant(s) : Brij Bhushan Singh, Pranjal Apurva, Sandeep Kumar Mishra Counsel for Opposite Party(s) : G.A. (Saurabh Lavania,J.) Firoz .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench