Amit Kumar Gupta @ Jay Jay and Another Vs State of U.P. Thru. Prin. Secy. Home and Another — Allahabad HC (2025) — LawSathi Research

Amit Kumar Gupta @ Jay Jay and Another Vs State of U.P. Thru. Prin. Secy. Home 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 and Musheer Alam and to approach the Court again at the appropriate stage for appropriate relief; police expected not to take coercive action against the applicants for 30 days, with no application to be entertained in that regard.

Issue for consideration

Whether the entire criminal proceeding in Special Session Case No. 405/2024, arising from Case Crime No. 337/2022 (Sections 323, 504, 506 IPC and Section 3(2)(VA) SC/ST Act, P.S. Purwa, District Unnao), against the applicants should be quashed.

Court's answer

The application under Section 482 is disposed of with liberty to the applicants to seek the benefit of the Apex Court judgments in Satender Kumar Antil and Musheer Alam and to approach the Court again at the appropriate stage for appropriate relief; the quashing issue was not decided on merits.

Ratio / Principle

Taking note of the observations in Satender Kumar Antil and Musheer Alam, the Court observed that the police officer concerned is expected not to take any coercive action against the applicants for a period of 30 days, and that no application shall be entertained in that regard.

Detailed headnote1 paragraphs

Criminal Procedure — Quashing (Application u/s 482) — Applicants sought quashing of entire criminal proceeding in Special Session Case No. 405/2024 (arising from Case Crime No. 337/2022, u/s 323, 504, 506 IPC and s.3(2)(VA) SC/ST Act, P.S. Purwa, District Unnao, pending before Addl. Sessions Judge/Special Judge SC/ST Act, Unnao, instituted on charge sheet dated 01.08.2022). Counsel confined the prayer to seeking the benefit of 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 the appropriate stage; learned AGA had no objection. Held: application disposed of with liberty as prayed; taking note of the observations in the two Apex Court decisions, the police officer concerned is expected not to take any coercive action against the applicants for 30 days, and no application shall be entertained in that regard (Saurabh Lavania, J., December 5, 2025).

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

APPLICATION U/S 482 No. - 9988 of 2025

Amit Kumar Gupta @ Jay Jay And Another

.....Applicant(s)

Versus

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

.....Opposite Party(s)

Counsel for Applicant(s) : Shashank Agnihotri 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 preferred seeking following main relief(s):-

"(i) to quash the entire criminal proceeding Special Session Case No. 405/2024, State Vs. Amit Kumar @Jay Jay & another initiated in pursuance of Charge Sheet Dated 01.08.2022 filed by Investigating Officer in Case Crime No. 337/2022 U/S. 323, 504, 506 I.P.C. & Section-3(2)(VA) SC/ST Act, Police Station-Purwa, District-Unnao against the applicants which is pending before Learned Additional Session Judge/Special Judge SC/ST Act, Unnao."

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.

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

December 5, 2025 Arun/-

(Saurabh Lavania,J.)

Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench