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2025 DAILYLAW 195548 (ALL)

DHARMRAJ SINGH AND 2 OTHERS v. THE STATE OF U.P. THRU. ITS PRIN. SECY. DEPTT. OF HOME LKO. AND ANOTHER

NA528/1537/2025 · 2025-10-28

Saurabh Lavania

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 1537 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 kindly be pleased to quash the impugned charge sheet dated 22.06.2025, arising out of Case Crime No. 154/2025, Under Sections- 115(2) & 351(2) of The Bhartiya Nayaya Sanhita, 2023 (Corresponding Sections 323, 504 & 506 I.P.C.) pertaining to Police Station- Huzurpur, District-Baharaich as well as the impugned summoning order dated 08.08.2025 passed by the learned Additional Chief Judicial Magistrate, Baharaich in Case No. 21844 of 2025 "State Vs. Dharmraj Singh & others" including the entire proceedings thereof, as contained in Annexure No. 1&2 to this 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) : Abdul Alim Khan, Mohd. Vakar Khan Counsel for Opposite Party(s) : G.A. Dharmraj Singh And 2 Others .....Applicant(s) The State Of U.P. Thru. Its Prin. Secy. Deptt. Of 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 28, 2025 Jyoti/- NA528 No. 1537 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench