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2025 DAILYLAW 195668 (ALL)

PRADEEP KUMAR ALIAS BABLU v. STATE OF U.P. THRU. THE PRIN. SECY. HOME DEPTT. LKO. AND 3 OTHERS

A482/8312/2025 · 2025-10-06

Saurabh Lavania

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 8312 of 2025 Court No. - 11 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 kindly be pleased to quash the entire proceedings of Complaint Case No.9 of 2024; Shashi Devi Versus Pradeep alias Bablu, under sections-323, 354, 452, 504 I.P.C. and Sections 7/8 of the Protection of Children from Sexual Offences Act, 2012, relating to the Police Station-Safipur, district- Unnao, pending in the Court of learned Additional District and Sessions Judge, Court No.13/Special Judge, POCSO Act, Unnao, as well as impugned summoning order dated 4.8.2025 passed by the Additional District and Sessions Judge, Court No. 13/Special Judge, POCSO Act, Unnao, as contained in Annexure no.1 to this petition, in the interest of law and 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 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 Versus Counsel for Applicant(s) : Gulam Rabbani Counsel for Opposite Party(s) : G.A. Pradeep Kumar Alias Bablu .....Applicant(s) State Of U.P. Thru. The Prin. Secy. Home Deptt. Lko. And 3 Others .....Opposite Party(s) 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 6, 2025 Vinay/- A482 No. 8312 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench