Firoj Ali v. State Of U.P. Thru. Prin. Secy. Home Lko. And Another

HIGH COURT OF JUDICATURE AT ALLAHABAD

LUCKNOW

APPLICATION U/S 482 No. - 7111 of 2025 Court No. - 11

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 filed by the applicant for the following main relief(s):-

"The petitioner named above most respectfully begs to submit that for the facts, reasons and circumstances stated in the accompanying affidavit, this Hon'ble Court may kindly be pleased to quash the summoning order dated 20.07.2023, Passed by Judicial Magistrate, External court (Bahya Nyayalay), Nighasan, Lakhimpur Kheri in complaint Case No. 1602/ 2022, 'Aasma Bano Vs Mohd. Firoj and others', under section 498A I.P.C. and 4 D.P. Act, as contained in Annexure no. 1."

3. On being confronted after taking note of facts of the present case, learned counsel for the applicant stated that present matter may be consigned to record with liberty to applicant to prefer an application in terms of Section 233 BNSS, akin to Section 210 CrPC, as also to take benefit of the judgment 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, by preferring appropriate application(s), which may be directed to be decided expeditiously.

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, and with a direction to the court concerned that if the applicant prefers appropriate application(s) seeking benefit of the judgment, referred above, and also file the application in terms of Section 233 BNSS, akin to Section 210 CrPC, the same Versus

Counsel for Applicant(s) : Adarsh Shukla, Prince Singh

Counsel for Opposite Party(s) : G.A.

Firoj Ali

.....Applicant(s)

State Of U.P. Thru. Prin. Secy. Home Lko. And Another

.....Opposite Party(s)

1

shall be considered and decided expeditiously in accordance with law.

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 or till the applicant applies for bail, whichever is earlier, 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.

August 28, 2025

Jyoti/- A482 No. 7111 of 2025

2

(Saurabh Lavania,J.)

2