Disposed¶13

Lavkush v. State of U.P. and 3 Others

Allahabad HC11 Aug 2025CRLP/16044/2025

Case brief

AI extract

What is this about?

Quashing of FIR; Criminal Misc. Writ Petition; interim stay of arrest; no arrest till next listing or submission of police report; false implication alleged; B.N.S. Sections 191(2), 191(3), 190, 115(2), 352, 351(3), 121(1), 132, 126(2), 109, 221, 3(5); Section 7 Criminal Law (Amendment) Act; Case Crime No. 0096 of 2025; Police Station Ramghat; District Bulandshahr; Lavkush; State of U.P.; Allahabad High Court; counter affidavit three weeks; rejoinder two weeks.

What did the court decide?

Interim order: petitioner shall not be arrested till the next date of listing or till submission of police report, whichever is earlier; notice issued to respondent no. 4; counter affidavit permitted within three weeks and rejoinder affidavit within two weeks thereafter; matter to be listed thereafter. ¶13

Lavkush vs State of U.P. and 3 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶13

Issue for consideration

Whether the First Information Report dated 14.7.2025 (Case Crime No. 0096 of 2025, P.S. Ramghat, District Bulandshahr), registered against the petitioner under the cited B.N.S. provisions and Section 7 Criminal Law (Amendment) Act, should be quashed.

¶6

Court's answer

After hearing counsel, the court held that the 'matter requires consideration' and proceeded to issue further process directions rather than rejecting the petition at the hearing stage.

¶8

Ratio / Principle

Interim protection from arrest: till the next date of listing or till the submission of police report, whichever is earlier, the petitioner shall not be arrested.

¶13

Key takeaways

Notice was ordered to respondent no. 4; respondents no. 1, 2 and 3 are represented by the learned A.G.A.ratio¶9
Respondents were permitted to file a counter affidavit within three weeks and a rejoinder affidavit, if any, within two weeks thereafter, with the matter to be listed thereafter.ratio¶10

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Siddhartha Varma and Madan Pal Singh, JJ.), interim order dated 11.8.2025 in Criminal Misc. Writ Petition No. 16044 of 2025 (Lavkush v. State of U.P. and 3 others). The petition sought quashing of the FIR dated 14.7.2025 giving rise to Case Crime No. 0096 of 2025, Police Station Ramghat, District Bulandshahr, registered under Sections 191(2), 191(3), 190, 115(2), 352, 351(3), 121(1), 132, 126(2), 109, 221 and 3(5) of B.N.S. and Section 7 Criminal Law (Amendment) Act. Counsel for the petitioner alleged false implication. The court held the matter 'requires consideration', issued notice to respondent no. 4, permitted counter affidavit within three weeks and rejoinder affidavit within two weeks thereafter, and gave interim protection that the petitioner shall not be arrested till the next date of listing or till submission of the police report, whichever is earlier.

Lavkush v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Lavkush v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Jitte @ Jitendra vs State of U.P. and 6 Others

Dr Vishal Anand and 7 Others vs State of U.P. and 3 Others

Rahis Alias Mohammad Rahis and 8 Others vs State of U.P. and 3 Others

Divyansh Sharma vs State of U.P. and 2 Others

Baldhari vs State of U.P. and 3 Others

Veeresh vs State of U.P. and 3 Others