Lavkush and 6 Others v. State of U.P. Thru. Prin. Secy. Deptt. Home Affairs Govt. of U.P. Lko. and Another

Allahabad HC4 Jun 2025A482/4350/2025

Case brief

AI extract

What is this about?

Application under Section 482 Cr.P.C. filed to quash FIR, charge sheet, and criminal proceedings alleging offence under Section 295A IPC and UP Prohibition of Unlawful Conversion of Religion Act on grounds of improper FIR filing and minor applicant's defense.

What did the court decide?

Interim stay granted on the proceedings of Case No.1073/2024 arising out of FIR No.623/2022 till the next date of listing.

Lavkush and 6 Others vs State of U.P. Thru. Prin. Secy… — Quashing and FIR | Allahabad HC (2025)

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Court No. - 11

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Case :- APPLICATION U/S 482 No. - 4350 of 2025

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Applicant :- Lavkush And 6 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Affairs Govt. Of U.P. Lko. And Another Counsel for Applicant :- Devashish Bhatt Counsel for Opposite Party :- G.A.

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Hon'ble Rajnish Kumar,J.

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Heard Sri Devashish Bhatt, learned counsel for the applicants and Sri S.P. Tiwari, learned AGA.

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The present petition under Section 528 Bhartiya Nagrik Suraksha Sanhita read with Section 482 Cr.P.C. has been filed with the following prayer:-

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"(i) to quash the summoning order dated 08.12.2024 passed by the court of Additional Chief Magistrate, Sitapur, arising out of FIR No.623/2022 dated 25.12.2022 under Section 295A, 506 IPC & 3/5(1) Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021, Police Station Mishrit, District Sitapur by which the learned Magistrate has been pleased to take cognizance on charge sheet bearing No.226/2023 thereby summoning the applicants.

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(ii) to quash the charge sheet bearing No.226 of 2023 dated 18.06.2023 under Section 295A, 506 IPC & 3/5(1) Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act,2021, Police Station Mishrit, District Sitapur arising out of the F.I.R. No.623/2022 dated 25.12.2022 under Section 295A, 506 IPC & 3/5(1) Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021 Police Station Mishrit, District Sitapur.

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(iii) to quash the entire criminal proceedings of case No.1073/2024 pending in the court of Additional Chief Judicial Magistrate-I, Sitapur captioned State of U.P. versus Luvkush and Others arising out of F.I.R. No.623/2022 dated 25.12.2022 under Section 295A, 506 IPC & 3/5(1) Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021 Police Station Mishrit, District Sitapur.

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(iv) Any other order, direction or relief as this Hon'ble Court deems fit and proper in the interest of justice."

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Learned counsel for the applicant submits that the F.I.R. has been lodged by a person who has no locus to lodge the F.I.R. under Section 4 of Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021 because under the said provision only the aggrieved person, his/her parents, brother, sister or any other person who is related to him/her by blood, marriage or adoption may lodge a F.I.R. of such conversion. He further submits that the applicants are Hindu by religion and

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believers of Sanatan, therefore there was no question of getting the hindus converted into christian religion by them. He further submits that not even a single independent witness or alleged victim has been examined before filing of charge sheet by the police. All the witnesses are of either Bajrang Dal or Vishwa Hindu Parishad and the F.I.R. was also lodged by the Prakhand Mantri of Bajrang Dal. He further submits that the applicant no.1 Lavkush was minor at the time of the alleged incident, even then the charge sheet has been filed against him in the regular court, which could not have been done. The charge sheet has been filed without considering the aforesaid facts, whereas the F.I.R. itself could not have been lodged by the person because he was not competent to lodge the F.I.R. Learned magistrate also has taken cognizance and issued the summoning order without considering it.

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He further submits that the applicants had earlier approached this Court by means of Criminal Misc. Writ Petition No.1405/2023(Lavkush and others versus State of U.P. and others), in which an interim protection was granted to the applicant by means of the order dated 21.02.2023. However, after the charge sheet was filed, the petition was dismissed as withdrawn and it was consigned to records. He further submits that in identical matter a coordinate bench of this Court court has granted interim protection by means of the order dated 07.03.2025 passed in Application under Section 482 No.1516/2025(Ramsagar and another versus State of U.P. and Another).Thus submission is that the proceedings of Case No.1073/2024 arising out of Case Crime No.623/2022 under Section 295A, 506 IPC & 3/5(1) Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021 Police Station Mishrit, District Sitapur are liable to be quashed.

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Learned AGA though opposed the prayer of learned counsel for

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the applicant and submits that the offence under Section 295A and 506 is made out. However, he could not contradict the aforesaid submissions of learned counsel for the appellant at this stage.

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The matter requires consideration.

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Issue notice to the respondent no.2.

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Steps to be taken within a week.

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List in the last week of July 2025.

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Till the next date of listing, the proceedings of Case No.1073 of 2024 pending in the Court of Additional Chief Judicial Magistrate-I, Sitapur arising out of Case Crime No.623/2022 under Section 295A, 506 IPC & 3/5(1) Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021 Police Station Mishrit, District Sitapur in regard to the applicant shall remain stayed.

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Order Date :- 4.6.2025 Akanksha Sri/-

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Digitally signed by :- AKANKSHA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench

Lavkush and 6 Others v. State of U.P. Thru. Prin. Secy. Deptt. Home Affairs Govt. of U.P. Lko. and Another

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Lavkush and 6 Others v. State of U.P. Thru. Prin. Secy. Deptt. Home Affairs Govt. of U.P. Lko. and Another

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