NISHANT KUMAR SHUKLA AND 7 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
NA528/1540/2025 · 2025-10-28
Saurabh Lavania
body2025
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[ 2025 DAILYLAW 203761 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 203761 (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. - 1540 of 2025 Court No. - 13 HON'BLE SAURABH LAVANIA, J.
1. Heard learned counsel for the applicant(s), Sri Prashant Singh, Advocate, who has filed the Vakalatnama on behalf of opposite party No.2, which is taken on record 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 kindly be pleased to quash the police report (charge-sheet) dated 18.12.2024 in Case Crime No. 504/2024, Under Sections 191(2), 352, 115(2), 351(3) B.N.S., Police Station Payagpur, District Bahraich and the summoning order dated 04.04.2025 passed by learned Judicial Magistrate 4th, Bahraich and further proceedings of the case Case No. 22268/2025 In'Re;
"State Versus Nishant Kumar Shukla and others."
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) : Dr. Surendra Kumar Misra, Avnish Kumar Tiwari Counsel for Opposite Party(s) : G.A. Nishant Kumar Shukla And 7 Others .....Applicant(s) State Of U.P. Thru. Prin. 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 28, 2025 Vinay/- NA528 No. 1540 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench