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2025 DAILYLAW 180455 (ALL)

SHIVAM YADAV @ SUNIL KUMAR AND ANOTHER v. STATE OF U.P THRU. PRIN. SECY. DEPTT. HOME CIVIL SECRT. LKO. AND OTHERS

CRLP/2079/2024 · 2025-10-31

Rajnish Kumar, Zafeer Ahmad

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 2079 of 2024 Court No. - 10 HON'BLE RAJNISH KUMAR, J. HON'BLE ZAFEER AHMAD, J. 1. Case called out. 2. None for the petitioners. 3. There is no request of pass over or adjournment of the case. 4. This Court has passed the following order on 29.3.2024: "Heard. Issue Dasti notice to the petitioner to service upon opposite party No.4 through the opposite party No.3. Considering the submissions of the petitioners' counsel that both the petitioners are now major. They even had two children from their wedlock, both of whom have died and now petitioners are living together, let instructions be sought by learned AGA as to the stage of the investigation as the FIR was lodged way back in 2018 and according to the petitioners' counsel the same is not complete as yet. We further provide that unless there is sufficient and cogent evidence available indicating commission of any offence by them as alleged in the impugned FIR, the petitioners shall not be arrested in Case Crime No. 367 of 2018, under Section 363, 366 I.P.C. and Section 7/8 POCSO Act, Police Station- Lalganj, District- Pratapgarh. They shall however get their statement recorded before the Investigating Officer positively before the next date of listing unless of course, the investigation has already been completed and report has been submitted to the Court below, in which case, the benefit of this order would not be available to the petitioners, but it shall be open for the petitioner No.1 to avail other remedies. List on 15.4.2024. Learned AGA to ensure service of notice upon opposite No.4 so that we may hear his version." Versus Counsel for Petitioner(s) : Hari Om Gupta Counsel for Respondent(s) : G.A. Shivam Yadav @ Sunil Kumar And Another .....Petitioner(s) State Of U.P Thru. Prin. Secy. Deptt. Home Civil Secrt. Lko. And Others .....Respondent(s) 5. Learned AGA on the basis of instructions submits that charge sheet no. A364-A has been filed in court on 7.8.2024, therefore, this petition has lost its efficacy. 6. Dismissed accordingly. October 31, 2025 Fahim/- CRLP No. 2079 of 2024 2 (Zafeer Ahmad,J.) (Rajnish Kumar,J.) Digitally signed by :- MOHD FAHIM AKHTAR High Court of Judicature at Allahabad, Lucknow Bench