High Court issued notices and set timelines for affidavits to decide on interim relief in an application under Section 528 BNSS regarding a criminal case.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW
APPLICATION U/S 528 BNSS No. - 2005 of 2025
Chotkau Alias Allauddin
.....Applicant(s)
Versus
State Of U.P. Thru. Its Prin. Secy. Home Deptt. Lko. U.P. And 4 Others
.....Opposite Party(s)
Counsel for Applicant(s) : Nadeem Murtaza, Prashast Puri, Utkarsh Srivastava Counsel for Opposite Party(s) : G.A.
Court No. - 13
HON'BLE SAURABH LAVANIA, J.
Heard.
Notices on behalf of opposite party nos. 1 to 4 have been accepted by learned Government Advocate.
Issue notice to opposite party no.5, returnable at an early date.
Considering the facts as narrated in the FIR in issue, registered as FIR/Case Crime No. 113 of 2025, Police Station-Ikauna, District-Shravasti as also the confessional statement of the accused/applicant annexed as Annexure No.13 to the present application, this Court finds that an affidavit of Principal Secretary, Home, is required in the matter.
Accordingly, Principal Secretary, Home, is directed to file his personal affidavit in the matter within two weeks. One week's thereafter would be available to the applicant to file rejoinder affidavit.
List this case on 06.01.2026 as fresh , for considering the interim relief application of the accused/applicant.
As prayed, liberty is given to the applicant to move an application seeking adjournment before the trial court, on the next date i.e. 12.12.2025.
The opposite party no.5 shall also be informed by learned AGA through Superintendent of Police, District-Shravasti, regarding pendency of the present application.
Superintendent of Police, District-Shravasti is also directed to file his personal affidavit in response to the present application in the period aforesaid.
In case, the affidavit is not filed within the aforesaid period, the concern Officers shall appear in person alongwith relevant records to assist this Court in the matter.
December 8, 2025
Jyoti/-
(Saurabh Lavania,J.)
Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench
Chotkau Alias Allauddin
State Of U.P.
Saurabh Lavania
As recorded by the court registry
3 orders share this CNR
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