AMEERUL @ AMEERUL NISHA AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER
NA528/1558/2025 · 2025-10-28
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 197322 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 197322 (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. - 1558 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 be pleased to quash the impugned charge sheet No. 02 dated 24.10.2024 in respect of F.I.R. NO. 0362 of 2024 U/S 115[2], 352, 351[3] B.N.S Police Station Kaiserganj, District Bahraich and quash the order dated 30.01.2025 passed by the Chief Judicial Magistrate Bahraich as contained in ANNEXURE NO. 1 AND 2 to this petition and also quash the entire proceedings of the Criminal Case no. 1372 of 2025 State Versus Ameerul and another pending before the Chief Judicial Magistrate Bahraich and allow the instant petition in the interest of 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. Versus Counsel for Applicant(s) : Dinesh Kumar Dixit, Vinay Mishra Counsel for Opposite Party(s) : G.A. Ameerul @ Ameerul Nisha And Another .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s)
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 Vinay/- NA528 No. 1558 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench