Allahabad High Court
Devendra Yadav vs State Of U.P. Thru. Its Prin. Secy. Home ... on 17 September, 2025
Author: Saurabh Lavania
Bench: Saurabh Lavania
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
Neutral Citation No. - 2025:AHC-LKO:57006
HIGH COURT OF JUDICATURE AT ALLAHABAD
LUCKNOW
APPLICATION U/S 482 No. - 7909 of 2025
Devendra Yadav
.....Applicant(s)
Versus
State Of U.P. Thru. Its Prin. Secy. Home Deptt. Lko. And Another
.....Opposite Party(s)
Counsel for Applicant(s)
:
Vyas Narayan Shukla
Counsel for Opposite Party(s)
:
G.A.
Court No. - 11
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 preferred seeking following main relief(s):-
"For the facts, reasons and circumstances as stated in the accompanying affidavit and also to secure the ends of justice and to prevent the abuse of process of court, it is very humbly prayed before this Hon'ble Court that may kindly be pleased to quash/set-aside the entire proceeding of Complaint Case No. 18978/2023 (Roshni Yadav Versus Devendra Yadav), Under Section-498-A, 323, 504 I.P.C. & Section-3/4 D.P. Act pertaining to Police Station-Lalganj, District-Raebareli including summoning order dated 03.10.2024 as well as N.B.W. order dated 21.07.2025 passed by the court of learned IVth Additional Chief Judicial Magistrate, Raebareli by which applicant/petitioner has been summoned for facing of trial under section-498-A, 323 & 504 I.P.C. & Section-3/4 D.P. Act, as contained in Annexure No. 1, 2 & 3 respectively to the affidavit, in the interest of justice.
It is further prayed that this Hon'ble Court may kindly be pleased to stay the further proceeding of Complaint Case No. 18978/2023 (Roshni Yadav Versus Devendra Yadav), Under Section-498-A, 323, 504 I.P.C. & Section-3/4 D.P. Act pertaining to Police Station-Lalganj, District-Raebareli including summoning order dated 03.10.2024 as well as N.B.W. order dated 21.07.2025 passed by the court of learned IVth Additional Chief Judicial Magistrate, Raebareli by which applicant/petitioner has been summoned for facing of trial under section-498-A, 323 & 504 I.P.C. & Section-3/4 D.P. Act, during the pendency of this petition, 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 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.
(Saurabh Lavania,J.)
September 17, 2025
Arun/-
