Sufiyan and 7 Others vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another — Allahabad HC (2025) — LawSathi Research

Sufiyan and 7 Others vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to the applicants to seek the benefit of the judgments in Satender Kumar Antil v. CBI and Musheer Alam v. State of U.P. and to approach this Court again at an appropriate stage for appropriate relief; the Police Officer/court concerned was expected not to take coercive action against the applicants for 30 days.

Issue for consideration

Whether the impugned summoning order dated 07.12.2023 issued by the Special Judge SC/ST Act, Hardoi in Complaint Case No.915/2021 should be set aside and the proceedings therein dropped. +1 more

Ratio / Principle

The Court disposed of the Section 482 Cr.P.C. application with liberty to the applicants as prayed for, i.e., liberty to seek the benefit of the Satender Kumar Antil and Musheer Alam judgments and to approach the Court again at an appropriate stage for appropriate relief; the learned AGA had raised no objection to the prayer.

Key takeaways

Taking note of the facts of the case and the observations of the Apex Court in Satender/Satendra Kumar Antil (supra) and Musheer Alam (supra), the Court observed that the Police Officer/court concerned was expected not to take any coercive action against the applicants for a period of 30 days from the date of the judgment, and that no application in that regard would be entertained.ratio¶19

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Court No. 13 (Saurabh Lavania, J.), by order dated 26 November 2025 disposed of Application U/S 482 No. 10019 of 2025 filed by Sufiyan and seven others praying for setting aside of the summoning order dated 07.12.2023 issued by the Special Judge SC/ST Act, Hardoi in Complaint Case No.915/2021 (Uma Shanker Vs Sufiyan & Others) under sections 323, 504 IPC and 3(1) ('dha') of the SC/ST Act. At the outset, counsel confined the prayer to seeking the benefit of the Apex Court judgments in Satender Kumar Antil v. CBI, (2022) 10 SCC 51, and Musheer Alam v. State of U.P., 2025 SCC OnLine SC 116, with liberty to approach the Court again at an appropriate stage; the learned AGA raised no objection. The application was accordingly disposed of with liberty as prayed, and the Court further observed that for 30 days the Police Officer/court concerned was expected not to take any coercive action against the applicants, no application in that regard being entertained.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

APPLICATION U/S 482 No. - 10019 of 2025

Sufiyan And 7 Others

.....Applicant(s)

Versus

State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s) Counsel for Applicant(s) : Vikas Sharma Counsel for Opposite Party(s) : G.A.

Court No. - 13

HON'BLE SAURABH LAVANIA, J.

Heard learned counsel for the applicants, learned AGA for the State and perused the record.

The present application under Section 482 Cr.P.C. has been filed for the following main relief(s):-

"Wherefore, it is very respectfully prayed that this Hon'ble court may kindly be pleased to set aside the impugned summoning order 07.12.2023 issued by the Special Judge SC/ST Act, Hardoi in Complaint Case No.915/2021 (Uma Shanker Vs Sufiyan & Others) under sections 323,504, IPC & 3 (1) dha is contained as Annexure No. 6 with this petition.

It is further prayed that drop the proceeding of the Complaint Case No.915/2021 pending before the Special Judge SC/ST Act, Hardoi under section 323,504 IPC. & 3(1) dha"

At the very outset, learned counsel for the applicants 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 applicants and liberty may also be given to the applicants to approach this Court again at

A482 No. 10019 of 2025

2

appropriate stage for seeking appropriate relief.

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

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/court concerned that for a period of 30 days from today, he would not take any coercive action against the applicants in the aforesaid case. It is made clear that in this regard, no application shall be entertained.

(Saurabh Lavania,J.)

November 26, 2025

ML/-

Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench