SABIR ALI AND 2 OTHERS v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO. AND ANOTHER
A482/8208/2025 · 2025-10-06
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 198979 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 198979 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 8208 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 filed by the applicant(s) for the following main relief(s):-
"For the facts, reasons and circumstances stated in the accompanying affidavit, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the impugned summoning order dated 14.03.2019 including entire proceeding of Complaint case no. 1426 of 2015 (Banke Lal versus Sabir and other) under section 420,467,468,471 I.P.C., P.S. Kot.Nanpara, District Bahraich pending before the court of Add. Chief Judicial Magistrate, Bahraich 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). Versus Counsel for Applicant(s) : Nripendra Mishra Counsel for Opposite Party(s) : G.A. Sabir Ali And 2 Others .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Another .....Opposite Party(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 6, 2025 Jyoti/- A482 No. 8208 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench