Raj Mohan Awasthi vs U.O.I. Thru. Prin. Chief Commissioner ...
2025 Latest Caselaw 10743 ALL

Allahabad High Court

Raj Mohan Awasthi vs U.O.I. Thru. Prin. Chief Commissioner ... on 17 September, 2025

Author: Saurabh Lavania

Bench: Saurabh Lavania

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


Neutral Citation No. - 2025:AHC-LKO:56948
 

 
HIGH COURT OF JUDICATURE AT ALLAHABAD
 
LUCKNOW 
 
APPLICATION U/S 482 No. - 7939 of 2025   
 
   Raj Mohan Awasthi    
 
  .....Applicant(s)   
 
 Versus  
 
   U.O.I. Thru. Prin. Chief Commissioner Of Income Tax, U.P. And 2 Others    
 
  .....Opposite Party(s)       
 
   
 
  
 
Counsel for Applicant(s)   
 
:   
 
Santosh Kumar Jha, Vivek Kumar Pandey   
 
  
 
Counsel for Opposite Party(s)   
 
:   
 
Kushagra Dikshit   
 
     
 
 Court No. - 11
 
   
 
 HON'BLE SAURABH LAVANIA, J.      

1. Heard learned counsel for the applicant as well as Shri Neerav Chitravanshi, Advocate and Shri Kushagra Dikshit, Advocate, who appeared for respondent nos. 1 to 3 and filed memo of appearance, which is taken on record.

2. The present application has been filed by the applicant for the following main reliefs:-

"to Quash the further proceeding of Criminal Complaint Case No. 1707 of 2011, under Section 276-C (1) & 277 of The Income Tax Act, 1961, P.S. Custom, District Lucknow, pending before the Court of learned Spl. Chief Judical Magistrate (Custom), Lucknow in the name of Union of India through N.R. Chakravarty, Income Tax Officer- Barabanki, Uttar Pradesh Versus Raj Mohan Awasthi."

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 counsel for respondent nos. 1 to 3 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.)

September 17, 2025

Mohit Singh/-