ANAND PRAKASH GUPTA v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME LKO. AND ANOTHER
/2725/2025 · 2025-10-13
Saurabh Lavania
Criminal Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 200500 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 200500 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL APPEAL No. - 2725 of 2025 Court No. - 13 HON'BLE SAURABH LAVANIA, J.
1. Heard learned counsel for the appellant(s) and learned AGA for the State as well as perused the record. 2. The present appeal has been filed by the appellant(s) seeking following main relief(s):-
"WHEREFORE It is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the impugned Summoning Order dated 10.06.2025 issued by the Special Judge, SC/ST Act, Ambedkar Nagar in SC/ST Case No. 181/2025, Computerized No. 468 / 2025 U/S 352, 351(3), 131 B.N.S. & U/S 3(1)(r), 3(1)(s), 3(2)(va) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (Amended in 2015) arisen out of First Information No. 0025/2025, Police Station- Bhiti, District- Ambedkar Nagar as well as impugned Charge Sheet No. A-57/25 dated 30.03.2025, Police Station- Bhiti, District- Ambedkar Nagar. It is further prayed that this Hon'ble Court may kindly be pleased to stay the proceedings of SC/ST Case No. 181/2025, Computerized No. 468 / 2025 U/S 352, 351(3), 131 B.N.S. & U/S 3(1)(r), 3(1)(s), 3(2)(va) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 pending before the Special Judge, SC/ST Act, Ambedkar Nagar arisen out of First Information No. 0025/2025, Police Station- Bhiti, District- Ambedkar Nagar."
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 appellant(s) and liberty may also be given to the appellant(s) to approach this Court again at appropriate stage for seeking appropriate relief. Versus Counsel for Appellant(s) : Vijai Shankar Tripathi, Saryu Prasad Tiwari Counsel for Respondent(s) : G.A., Basant Pandey, Desh Deepak Singh, Devansh Vikram Singh Anand Prakash Gupta .....Appellant(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. And Another .....Respondent(s)
4. Learned AGA has no objection to the prayer made by learned counsel for the appellant(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. October 13, 2025 Arun/- CRLA No. 2725 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench