Sumit Kumar Yadav vs State Of U.P. Thru. Prin. Secy. Home And ... on 31 October, 2025

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Allahabad High Court

Sumit Kumar Yadav vs State Of U.P. Thru. Prin. Secy. Home And ... on 31 October, 2025

Bench: Rajnish Kumar





HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


Neutral Citation No. - 2025:AHC-LKO:68496-DB
 

 
HIGH COURT OF JUDICATURE AT ALLAHABAD
 
LUCKNOW 
 
CRIMINAL MISC. WRIT PETITION No. - 2157 of 2024   
 
   Sumit Kumar Yadav    
 
  .....Petitioner(s)   
 
 Versus  
 
   State Of U.P. Thru. Prin. Secy. Home And Others    
 
  .....Respondent(s)       
 
   
 
  
 
Counsel for Petitioner(s)   
 
:   
 
Anurag Singh   
 
  
 
Counsel for Respondent(s)   
 
:   
 
G.A.   
 
     
 
 Court No. - 10
 
   
 
 HON'BLE RAJNISH KUMAR, J.

HON'BLE ZAFEER AHMAD, J.

1. Heard Sri Anurag Singh, learned counsel for the petitioner and learned AGA for the State.

2. This Court passed the following order on 29.3.2024:

"By means of this petition, the petitioner has sought quashing of F.I.R. dated 12.03.2024 bearing Case Crime/FIR No.0085/2024, for the offence under Sections 304, 504, 506, 308 I.P.C. and Section 3(2)(v) SC/ST Act, registered at Police Station Kotwali, District Sitapur.

Submission of the petitioner's counsel is that the deceased was working as a labourer at the site where the house of the petitioner was under construction and suffered injuries as a result of a fall and died, application was filed alleging an offence for the first time, three months after the incident on 04.01.2024, whereas, the incident took place on 24.10.2023. An enquiry was conducted by the Circle Officer wherein, it was found that no offence has been committed. A copy of enquiry report is annexed at page no. 34 of the writ petition. Moreover, the inquest report bears the sign of the father of the deceased and nothing was found amiss in the said report also, but only on the tutoring of some persons and with ulterior motive to extract money, the impugned FIR has been lodged.

Issue notice to opposite party No.5.

Let the pleadings be exchanged within eight weeks.

List thereafter.

Considering the submission made, the it is provided that the petitioner shall not be arrested on the basis of the impugned First Information Report, unless and until there is sufficient and cogent evidence available against him 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."

3. Learned AGA on the basis of instructions dated 27.10.2025 received from Incharge Inspector, Police Station Kotwali Nagar, District Sitapur, a copy of which has been produced before this Court and is placed on record, submits that final report dated B-25/2024 dated 13.4.2024 has been filed in the court of Special Judge, Police Station Kotwali Nagar, District Sitapur, in which next date fixed is 12.11.2025, therefore, this petition has lost its efficacy.

4. Dismissed accordingly.

(Zafeer Ahmad,J.) (Rajnish Kumar,J.) October 31, 2025 Fahim/-

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