Disposed

Lavkush @ Lavkush Yadav v. State of U.P Thru. Addl. Chief Secy. Home Deptt. Civil Secrt. Lko. and Others

Allahabad HC8 Apr 2024CRLP/2464/2024

Case brief

AI extract

What is this about?

The High Court granted interim non-arrest direction to an 18-year-old petitioner falsely implicated in an offence relating to suicide by invoking Section 438 CrPC, while listing the matter for further proceedings after notice to a relative.

What did the court decide?

Petitioner not to be arrested unless sufficient evidence is produced; notice issued to opposite party no. 4; pleadings required to be exchanged within four weeks; matter listed for further proceedings

Lavkush @ Lavkush Yadav vs State of U.P Thru. Addl… — Anticipatory Bail | Allahabad HC (2024)

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Court No. - 9

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Case :- CRIMINAL MISC. WRIT PETITION No. - 2464 of 2024

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Petitioner :- Lavkush @ Lavkush Yadav

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Respondent :- State Of U.P Thru. Addl. Chief Secy. Home Deptt. Civil Secrt. Lko. And Others Counsel for Petitioner :- Ajeet Kumar Counsel for Respondent :- G.A.

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Hon'ble Vivek Chaudhary,J. Hon'ble Narendra Kumar Johari,J.

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Heard learned counsel for the petitioner, learned A.G.A. for the State/opposite parties and perused the record.

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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.

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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 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.

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Let notice be issued to opposite party No.4.

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Let the pleadings be exchanged within four weeks.

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List after four week.

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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

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called. If he does not do so, then it can be made a ground for seeking vacation of this interim order.

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(Narendra Kumar Johari,J.) (Vivek Chaudhary,J.)

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Order Date :- 8.4.2024

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ML/-

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Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench

Lavkush @ Lavkush Yadav v. State of U.P Thru. Addl. Chief Secy. Home Deptt. Civil Secrt. Lko. and Others

Case brief

What is this about?

What did the court decide?

Lavkush @ Lavkush Yadav v. State of U.P Thru. Addl. Chief Secy. Home Deptt. Civil Secrt. Lko. and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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