Rama vs State Of U.P. Thru. Prin. Secy. Home ...
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Allahabad High Court

Rama vs State Of U.P. Thru. Prin. Secy. Home ... on 5 December, 2025

Author: Saurabh Lavania

Bench: Saurabh Lavania

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


Neutral Citation No. - 2025:AHC-LKO:81191
 

 
HIGH COURT OF JUDICATURE AT ALLAHABAD
 
LUCKNOW 
 
APPLICATION U/S 482 No. - 10129 of 2025   
 
   Rama    
 
  .....Applicant(s)   
 
 Versus  
 
   State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another    
 
  .....Opposite Party(s)       
 
   
 
  
 
Counsel for Applicant(s)   
 
:   
 
Ajaiy Kumar Mishra, Kapil Dev Chaubey   
 
  
 
Counsel for Opposite Party(s)   
 
:   
 
G.A.   
 
     
 
 Court No. - 13
 
   
 
 HON'BLE SAURABH LAVANIA, J.      

1. Heard learned counsel for the applicant 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 in the interest of justice that this Hon'ble court may kindly be pleased to allow this petition under section 482 Cr.P.C./ 528 B.N.S.S. and quash the impugned chargesheet No. 037/2024 dated 21-01-2024 and summoning order dated 07-05-2024 passed by Learned Chief Judicial Magistrate, Lakhimpur Kheri in Criminal Case No. 3468 of 2024 whereby summoning the petitioner to face trial vide Crime No. -755/2023, U/s 419, 420 I.P.C., Police station - Kotwali Sadar, District - Lakhimpur Kheri contained as Annexure No. 1 & 2 to this petition.

It is further prayed that this Hon'ble Court may kindly be pleased to stay the operation and implementation of the impugned chargesheet dated 21-01-2024 and summoning order dated 07-05-2024 during the pendency of this trial."

3. At the very outset, learned counsel for the applicant 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 and liberty may also be given to the applicant 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.

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 in the aforesaid case. It is made clear that in this regard, no application shall be entertained.

(Saurabh Lavania,J.)

December 5, 2025

Anurag