Firoj Ali Vs State of U.P. Thru. Prin. Secy. Home Lko… — Dowry and Cruelty | Allahabad HC (2025)

Firoj Ali Vs State of U.P. Thru. Prin. Secy. Home Lko… — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Application disposed of with liberty to prefer an application in terms of Section 233 BNSS (akin to Section 210 CrPC) and to seek benefit of the Satender Kumar Antil and Musheer Alam judgments, such applications to be considered and decided expeditiously; further, police expected not to take coercive action against the applicant for 30 days or till his bail application, whichever is earlier.

Issue for consideration

Whether the summoning order dated 20.07.2023 passed by the 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 Section 4 D.P. Act ought to be quashed.

Court's answer

The application under Section 482 is disposed of with liberty to the applicant, as prayed for by learned counsel, i.e., to consign the matter to record and to prefer an application in terms of Section 233 BNSS (akin to Section 210 CrPC) and to seek benefit of the judgments in Satender Kumar Antil and Musheer Alam.

Ratio / Principle

If the applicant prefers appropriate application(s) seeking benefit of the referred Apex Court judgments and files an application in terms of Section 233 BNSS (akin to Section 210 CrPC), the court concerned shall consider and decide the same expeditiously in accordance with law.

Key takeaways

Taking note of the facts and of the observations of the Hon'ble Apex Court in Satendra Kumar Antil and Musheer Alam, it is expected from the Police Officer concerned that for a period of 30 days from the date of the order or till the applicant applies for bail, whichever is earlier, no coercive action will be taken against the applicant; no application shall be entertained in this regard.ratio¶20

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Court No. 11 — Saurabh Lavania, J. (decided August 28, 2025). Application U/S 482 No. 7111 of 2025, Firoj Ali v. State of U.P. thru Prin. Secy. Home Lko. and Another. The applicant sought quashing of the summoning order dated 20.07.2023 passed by the Judicial Magistrate, External court (Bahya Nyayalay), Nighasan, Lakhimpur Kheri, in Complaint Case No. 1602/2022 ('Aasma Bano vs Mohd. Firoj and others') instituted under section 498A I.P.C. and Section 4 D.P. Act. On being confronted, counsel for the applicant requested that the matter be consigned to record with liberty to prefer an application in terms of Section 233 BNSS, akin to Section 210 CrPC, and to seek 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; the learned AGA raised no objection. The Court disposed of the application with the liberty prayed for, directing the court concerned to consider and decide any such application(s) expeditiously in accordance with law. Additionally, taking note of the Apex Court observations in the said cases, the Court expected that the Police Officer concerned would refrain from coercive action against the applicant for 30 days or till his bail application, whichever is earlier, and clarified that no application would be entertained in that regard.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

APPLICATION U/S 482 No. - 7111 of 2025

Firoj Ali

.....Applicant(s)

Versus

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

.....Opposite Party(s)

Counsel for Applicant(s) : Adarsh Shukla, Prince Singh
Counsel for Opposite Party(s) : G.A.

Court No. - 11

HON'BLE SAURABH LAVANIA, J.

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

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."

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.

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

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

A482 No. 7111 of 2025

2

shall be considered and decided expeditiously in accordance with law.

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/-

(Saurabh Lavania,J.)

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