Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 142332 (ALL)

MAKBOOL AHMAD AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

A482/5696/2025 · 2025-07-15

Subhash Vidyarthi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:40193 Court No. - 15 Case :- APPLICATION U/S 482 No. - 5696 of 2025 Applicant :- Makbool Ahmad And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Ravi Shanker Tripathi Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Ravi Shanker Tripathi, the learned counsel for the applicants as well as Sri Avishesh Kumar Singh, the learned A.G.A. and perused the record. 2. By means of the instant application filed under Section 482 Cr.P.C, the applicants have sought quashing of the chargesheet dated 12.02.2015 arising out of Case Crime No. 535 of 2014, under Sections 452, 323, 504, 506 I.P.C, Police Station Kotwali Nagar, District Pratapgarh as well as summoning order dated 07.05.2016 along with the proceedings of Criminal Case No. 943 of 2016 titled as "State Vs. Makbool Ahmad And Another" which is pending in the Court of Chief Judicial Magistrate, Pratapgarh. 3. Learned A.G.A. has opposed the aforesaid prayer and has submitted that while exercising the jurisdiction under Section 482 Cr.P.C., this Court cannot go into the correctness of the allegations made against the applicants and has only to examine whether on the basis of the allegations made and material collected during investigation, the offences are made out against the applicant sor not. 4. The Hon'ble Supreme Court in C.B.I. v. Aryan Singh, 2023 SCC Online SC 379 has held that while exercising the powers under Section 482 Cr.P.C., the Court is not required to conduct a mini trial. It does not require the prosecution/investigating agency to prove the allegations. While exercising the powers under Section 482 of the CrPC the Court has very limited jurisdiction and is required to consider "whether any sufficient material is available to proceed further against the accused for which the accused is required to be tried or not". 5. Confronted with the aforesaid objection, the learned counsel for the applicant submits that he does not want to press this application on merit and he confines his prayer only to the extent that applicants may be permitted to surrender and move an application, before the court concerned seeking bail and suitable directions may be issued that same may be heard and decided expeditiously, in accordance to law. 6. Accordingly, the instant application is disposed of by observing that in case the applicants appear and files an application for their release on bail, the same shall be considered and decided expeditiously in accordance with law, including the law laid down by the Hon'ble Supreme Court in Satender Kumar Antil v. C.B.I., (2022) 10 SCC 51. . (Subhash Vidyarthi,J.) Order Date :- 15.7.2025 Preeti. Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench