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2025 DAILYLAW 199154 (ALL)

LAVKUSH KUMAR AND ANOTHER v. STATE OF U.P. THRU. ITS PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

A482/9995/2024 · 2025-11-12

Brij Raj Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 9995 of 2024 Court No. - 16 HON'BLE BRIJ RAJ SINGH, J. 1. The present application has been filed seeking quashing of the entire proceedings of Complaint Case No.233 of 2022, Govind Pasi Vs. Lavkush Yadav and another, as well as the summoning order dated 08.01.2024 passed by the Special Judge (SC/ST Act), Sitapur. 2. Sri Anupam Rastogi, learned counsel for the applicant submits that the incident as mentioned in the complaint, is false and fabricated and the cause of the death of the deceased is due to shock and there is no injury found on the body of the deceased. He further submits that the medical report is also not supporting the prosecution case and the deceased died natural death. The entire allegation levelled by the complainant is false and fabricated and the applicant has been falsely implicated in the case. Further submission is that the trial court did not apply its mind on the evidence on record. Counsel for the applicant has also drawn the attention of the Court towards the statement of the doctor, who has deposed before the court that shock could have been caused due to reason that the neck was pressed and septicemia could have been developed, which resulted into the death of the deceased. 3. On the other hand, Sri Ravindra Pandey, counsel for opposite party no.2 has submitted that in the statement of the complainant recorded under Section 200 Cr.P.C. he has stated that applicant used the filthy caste based words and he also pressed the neck of the mother of the Versus Counsel for Applicant(s) : Anupam Rastogi Counsel for Opposite Party(s) : G.A., Ravindra Pandey Lavkush Kumar And Another .....Applicant(s) State Of U.P. Thru. Its Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s) complainant and she was pushed down. Thereafter, she fell on the ground and her condition was serious. She was taken to the Primary Health Center and thereafter she was referred to the District Hospital, where she was declared as dead. He has further submitted that statement of the complainant has been supported by the witnesses, Ram Sanehi, Teerath and Champa Devi. 4. After going through the record, I find that statements of the complainant and the witnesses recorded under Sections 200 and 202 Cr.P.C. support the prosecution case. Statement of the doctor also goes to indicate that the death has occurred due to septicemia, which could have been caused due to strangulation. Therefore, this Court does not find any good ground for interference. 5. Application is accordingly rejected. November 12, 2025 Rao/- A482 No. 9995 of 2024 2 (Brij Raj Singh,J.) Digitally signed by :- CHEBROLU SRINIVASA RAO High Court of Judicature at Allahabad, Lucknow Bench