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2025 DAILYLAW 202394 (ALL)

RAM CHET GAUTAM AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS

A482/8985/2025 · 2025-10-17

Saurabh Lavania

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 8985 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 filed by the applicant(s) for the following main relief(s):- "i. To issue order to quash the charge sheet dated 15.04.2020 Under Section-323, 504, 506, 308, 324 I.P.C. Police Station- Kadipur, District- Sultanpur in case crime No-40/2020 U/S- 323, 504, 506, 308, 324 I.P.C. Police Station- Kadipur, District- Sultanpur. (Contained as Annexure No-2) in the interest of justice. ii. To issue order to stay the proceeding of trial bearing case No-3254/2020 relating to crime number--40/2020 U/S-323, 504, 506, 308, 324 I.P.C. Police Station- Kadipur, District- Sultanpur (State of UP Versus Ram Cheet and others), pending before Learned C.J.M. Sultanpur. (Contained as Annexure No-1 to this application), 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 Versus Counsel for Applicant(s) : Sarjoo Ram, Aklavya, Rachna Shukla Counsel for Opposite Party(s) : G.A. Ram Chet Gautam And Another .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Opposite Party(s) 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. 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 17, 2025 Jyoti/- A482 No. 8985 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench