Allahabad High Court
NA528/1974/2025 of MAKSOOD KHAN AND 3 OTHERS Vs STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. SECTT. LKO. AND ANOTHER on 5 December 2025
JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 1974 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 preferred seeking following main
HIGH COURT OF JUDICATURE AT ALLAHABAD
LUCKNOW
APPLICATION U/S 528 BNSS No. - 1974 of 2025
Court No. - 13
HON'BLE SAURABH LAVANIA, J.
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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):- "this Hon'ble Court may kindly be pleased to quash the charge sheet arising out of Case crime No.-306 of
(State Versus Ajad Khan and others)U/S.115(2),352,351(2),351(3),110 B.N.S.S. & Old Section 323, 504, 506, 308 IPC, Police Station Jagdishpur, District Amethi same is contained as Annexure No.-1 as well as summoning order dated: 16.04.2025 passed byCivil Judge (SD)I/ Additional Chief Judicial Magistrate Sultanpur, District Sultanpur, while taking cognizance in the matter on 16/04/2025 in criminal case No.-4390of 2025, (State Versus Ajad Khan and others) U/S.115(2),352,351(2),351(3), 110 B.N.S.S, & Old Section 323, 504, 506, 308 IPC, Police Station Jagdishpur, District Amethi, same is annexed as Annexure No.-2 to this petition."
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) : Saurabh Verma Counsel for Opposite Party(s) : G.A. Maksood Khan And 3 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Sectt. 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. December 5, 2025 Anurag NA528 No. 1974 of 2025
(Saurabh Lavania,J.) Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench