MANOJ KUMAR KASHYAP v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO. AND ANOTHER
A482/5265/2025 · 2025-07-01
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 146156 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 146156 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:36951 Court No. - 15 Case :- APPLICATION U/S 482 No. - 5265 of 2025 Applicant :- Manoj Kumar Kashyap Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Another Counsel for Applicant :- Karuna Shanker Rastogi Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Karuna Shanker Rastogi, the learned counsel for the applicant as well as Smt. Shikha Sinha, the learned A.G.A. and perused the record. 2. Present petition under Section 482 Cr.P.C. has been filed seeking quashing of the summoning order dated 22.07.2024 as well as charge sheet dated 03.09.2023 arising out of Case Crime No.315/2023 under Sections 376, 328, 506 IPC, Police Station- Madiyaon, District- Lucknow pending before the Judicial Magistrate-III, Lucknow. The learned counsel for the applicant submitted that the applicant is innocent and he has been falsely implicated in the present case. 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 applicant 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 or 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 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 applicant 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 applicant appears and file an application for his 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 :- 1.7.2025 Preeti. Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench