LAVKUSH @ LAVKUSH YADAV v. STATE OF U.P THRU. ADDL. CHIEF SECY. HOME DEPTT. CIVIL SECRT. LKO. AND OTHERS
CRLP/2464/2024 · 2025-10-28
Rajnish Kumar, Zafeer Ahmad
body2025
DailyLaw.ai
[ 2025 DAILYLAW 194965 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 194965 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 2464 of 2024 Court No. - 10 HON'BLE RAJNISH KUMAR, J.
HON'BLE ZAFEER AHMAD, J.
1. Case called out. 2. No one is present on behalf of the parties to press this petition nor any request for adjournment or pass over has been made whereas learned A.G.A. for the State is present. 3. This petition has been filed challenging an F.I.R. bearing Case Crime No.165/2024, under Sections 305, 506 I.P.C., Police Station Mohammadpur Khala, District Barabanki. 4. This Court had passed the following order on 08.04.2024:-
"Heard learned counsel for the petitioner, learned A.G.A. for the State/opposite parties and perused the record. By means of this petition, the petitioner has sought quashing of F.I.R. dated 31.03.2024, bearing Case Crime/FIR No.0165/2024, for the offence under Sections 305, 506 I.P.C., registered at Police Station Mohammadpur Khala, District Barabanki. The allegations in the F.I.R. is that petitioner and the daughter of opposite party No.4 used to talk with each other over mobile phone and used to meet as well. When the parents of the girl came to know, they raised objection. However, petitioner did not pay heed, due to which the Versus Counsel for Petitioner(s) : Ajeet Kumar Counsel for Respondent(s) : G.A., Dharm Trivedi, Manish Kumar Pathak Lavkush @ Lavkush Yadav .....Petitioner(s) State Of U.P Thru. Addl. Chief Secy. Home Deptt. Civil Secrt. Lko. And Others .....Respondent(s)
daughter of opposite party no. 4 was disturbed and committed suicide by hanging. On the other hand, the contention of learned counsel for the petitioner is that the petitioner is innocent and he has been falsely implicated in the case. Petitioner is only 18 years of age and his entire life is at stake. There is no allegation with regard to Section 107 IPC. Let notice be issued to opposite party No.4. Let the pleadings be exchanged within four weeks. List after four week. Considering the submission made, it is provided that the petitioner Lavkush @ Lavkush Yadav shall not be arrested on the basis of the impugned First Information Report, unless and until there is sufficient and cogent evidence available against the petitioner regarding commission of the offence. He shall get his statement recorded before the Police as and when he is called.
If he does not do so, then it can be made a ground for seeking vacation of this interim order. "
5. Learned A.G.A., on the basis of instructions dated 28.10.2025 received from Incharge Inspector, Police Station Mohammadpur Khala, District Barabanki, submits that in this matter Final Report No.B-30A/2024 dated 02.08.2025 has been forwarded, therefore, this petition has rendered infructuous. The said instructions are taken on record. 6. Dismissed accordingly. 7. Interim order, if any, stands vacated. October 28, 2025 Saurabh CRLP No. 2464 of 2024 2 (Zafeer Ahmad,J.) (Rajnish Kumar,J.) Digitally signed by :- SAURABH VERMA High Court of Judicature at Allahabad, Lucknow Bench