Allahabad High Court
/1965/2025 of SHILPI PANDEY AND 2 OTHERS Vs STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND ANOTHER on 4 December 2025
JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 1965 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 filed by the applicant(s) for the
HIGH COURT OF JUDICATURE AT ALLAHABAD
LUCKNOW
APPLICATION U/S 528 BNSS No. - 1965 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 filed by the applicant(s) for the following main relief(s):- "Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the charge sheet No. 19 of 2025 dated 7.1.2025 submitted in F.I.R. No. 529 of 2024 related with Police Station Poorakalandar, District- Ayodhya as well as for quashing the summoning order dated 4.3.2025 passed by the Additional Chief Judicial Magistrate- l, Ayodhya/Faizabad directing the Petitioners to appear before the court to face the trauma of trial along with the entire criminal proceeding of Criminal Case No. 1831 of 2025 "State versus Shilpi Pandey & others" under section 115(2), 351(3), 352 BNS (Corresponding Section 323, 506, 504 IPC), related with Police Station- Poorakalandar, District-Ayodhya, pending before the Court of Additional Chief Judicial Magistrate-l, Ayodhya/ Faizabad, as contained in Annexure No. 1 & 2 respectively 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) : Radhey Shyam Tiwari Counsel for Opposite Party(s) : G.A. Shilpi Pandey And 2 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of 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. December 4, 2025 Jyoti/- NA528 No. 1965 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench