MOHD. SHADAB v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME CIVIL SECTT. LKO. AND ANOTHER
A482/8196/2025 · 2025-10-06
Saurabh Lavania
body2025
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[ 2025 DAILYLAW 196721 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 196721 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 8196 of 2025 Court No. - 11 HON'BLE SAURABH LAVANIA, J.
1. Sri Mohd. Shahid Akhtar, learned Advocate, has put in appearance for opposite party no.2 and has filed his Vakalatnama,which is taken on record. 2. Heard learned counsel for the applicant(s) and learned AGA for the State as well as perused the record. 3. 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 order dated 14.8.2025 passed by the Sessions Judge, Sitapur in Criminal Revision No. 54 of 2025 "Mohd. Shafeeq @ Raja & others Versus Nagma Parveen & others" as well as against the summoning order dated 2.1.2025 and N.B.W. order 18.2.2025 passed by the Additional Chief Judicial Magistrate-Ist, Sitapur in complaint Case No. 667 of 2024 "Nagma Parveen Versus Mohd. Shafeeq @ Raja & others" relating to Police Station Laharpur, District- Sitapur including the entire proceeding of complaint Case No. 667 of 2024 "Nagma Parveen Versus Mohd. Shafeeq @ Raja & others" under section 354-B IPC, as contained in Annexure No. 1,2 & 3 respectively to this petition, so far it relates to the petitioner."
4. 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. Versus Counsel for Applicant(s) : Desh Ratan Mishra Counsel for Opposite Party(s) : G.A. Mohd. Shadab .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Civil Sectt. Lko. And Another .....Opposite Party(s)
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. 5. Learned AGA has no objection to the prayer made by learned counsel for the applicant(s). 6. Keeping in view the aforesaid, the present application is disposed of with liberty as prayed for. 7.
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 6, 2025 Jyoti/- A482 No. 8196 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench