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2025 DAILYLAW 199542 (ALL)

SEETARAM AND 4 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO AND ANOTHER

CRLA/3772/2025 · 2025-11-21

Criminal Appealbody2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL APPEAL No. - 3772 of 2025 Court No. - 13 HON'BLE SAURABH LAVANIA, J. 1. Heard. 2. The present appeal has been filed by the appellant for the following main relief(s):- "WHEREFORE, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the entire proceedings of the complaint dated 04.01.2025 bearing Complaint No. 02/2025 (Nilam Vs. Seetaram and Ors.), hereinafter referred to as 'the impugned proceedings' as well as Summoning order dated 31.10.2025, under section- 115(2),352,351 (3) of B.N.S and 3(1) (DA) & (DHA) of SC/ST act, police station- Mankapur, District- Gonda, which is pending before the learned court of Special Judge, SC/ST, act Gonda, (Contained as annexure no.1 & 2), in the interest of justice." 3. At the very outset, learned counsel for the appellant(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 appellant(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 appellant(s). Versus Counsel for Appellant(s) : Santosh Kumar Yadav, Dinesh Pratap Verma Counsel for Respondent(s) : G.A. Seetaram And 4 Others .....Appellant(s) State Of U.P. Thru. Prin. Secy. Home Lko And Another .....Respondent(s) 5. Keeping in view the aforesaid, the present appeal 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 appellant(s) in the aforesaid case. It is made clear that in this regard, no application shall be entertained. November 21, 2025 Jyoti/- CRLA No. 3772 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench