Santosh Singh and 2 Others Vs State of U.P. Thru Prin. Secy. Lko. and Another — Allahabad HC (2025) — LawSathi Research

Santosh Singh and 2 Others Vs State of U.P. Thru Prin. Secy. Lko. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to the applicants to prefer a discharge application before the court below, with the expectation that it be decided expeditiously; and a 30-day restraint (from 26-11-2025) on any coercive action by the police against the applicants, no application to be entertained in that behalf.

Issue for consideration

Whether the entire criminal proceedings pending against the applicants in Criminal Complaint No. 14447/2022 (Sections 323, 504, 506 IPC, P.S. Baghauli, District Hardoi) and the summoning order dated 23-10-2023 passed by the Judicial Magistrate, Court No. 1, Hardoi should be quashed under Section 482 Cr.P.C. — relief originally prayed for, but at the outset counsel confined the prayer and the Court did not adjudicate quashing. +2 more

Ratio / Principle

The present application is disposed of with liberty as prayed for, i.e., liberty to the applicants to prefer a discharge application before the court below (the prayer having been confined at the outset to seeking benefit of Satender Kumar Antil v. CBI and Musheer Alam v. State of U.P.).

Key takeaways

For a period of 30 days the police officer concerned is expected not to take any coercive action against the applicants in the aforesaid case, and no application shall be entertained in this regard.ratio¶20

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Court No. 13 (Saurabh Lavania, J.) — Application U/S 482 No. 10013 of 2025, decided November 26, 2025. Applicants Santosh Singh and 2 others sought quashing of criminal proceedings in Criminal Complaint No. 14447/2022 (U/s 323, 504, 506 I.P.C.), Police Station Baghauli, District Hardoi, pending before the Judicial Magistrate, Court No. 1, Hardoi, and of the summoning order dated 23-10-2023. At the hearing counsel confined the prayer to seeking the benefit of Satender Kumar Antil v. CBI, (2022) 10 S.C.R. 351 : (2022) 10 SCC 51 and Musheer Alam v. State of U.P., 2025 SCC OnLine SC 116, i.e., liberty to file a discharge application before the court below to be decided expeditiously; the learned AGA raised no objection. The Court disposed of the application with liberty as prayed for and, taking note of the Apex Court observations in those cases, directed that for 30 days the police would not take any coercive action against the applicants, adding that in that regard no application shall be entertained.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

APPLICATION U/S 482 No. - 10013 of 2025

Santosh Singh And 2 Others

.....Applicant(s)

Versus

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

.....Opposite Party(s)

Counsel for Applicant(s)	: Rajiva Dubey
Counsel for Opposite Party(s)	: G.A.

Court No. - 13

HON'BLE SAURABH LAVANIA, J.

Heard learned counsel for the applicant(s) and learned AGA for the State as well as perused the record.

The present application has been filed by the applicant(s) for the following main relief(s):-

"Wherefore, it is most respectfully prayed in the interest of justice that this Hon'ble Court may kindly be pleased to allow this petition U/s 482 Cr.P.C. r/w 528 B.N.S.S. and quash the entire criminal proceedings pending against the petitioners in the court of Learned Judicial Magistrate, Court No. 1, Hardoi vide Criminal Complaint No. 14447/2022, U/s 323, 504, 506 I.P.C., Police Station-Baghauli, DistrictHardoi and also quash the impugned summoning order dated 23-10-2023 passed by Learned Judicial Magistrate, Court No. 1, Hardoi vide Criminal Complaint No. 14447/2022, U/s 323, 504, 506 I.P.C., Police Station-Baghauli, District-Hardoi, contained as Annexure No. 1 to this petition.Any other order or direction as this Hon'ble Court may deem just and appropriate in the nature and circumstances of the case, may also kindly be passed in favour of the petitioners."

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 prefer a discharge application before the court below and the same may be directed to be decided expeditiously.

Learned AGA has no objection to the prayer made by learned counsel for the

A482 No. 10013 of 2025

2

applicant(s).

Keeping in view the aforesaid, the present application is disposed of with liberty as prayed for.

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.

November 26, 2025 Jyoti/-

(Saurabh Lavania,J.)

Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench