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2025 DAILYLAW 146877 (ALL)

RAGHVENDRA KANAUJIYA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS

NA528/619/2025 · 2025-07-02

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:37144 Court No. - 15 Case :- APPLICATION U/S 528 BNSS No. - 619 of 2025 Applicant :- Raghvendra Kanaujiya Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Manoj Kumar Nishad,Pradeep Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Manoj Kumar Nishad, the learned counsel for the applicant as well as Sri Avishesh Kumar Singh, the learned A.G.A. and perused the record. 2. By means of the present application under Section 482 Cr.P.C. (528 BNSS) the applicant has sought quashing of the impugned charge sheet No.01 dated 20.09.2024 as well as the summoning order dated 18.10.2024 passed by the Court of Ld. Special Judge, POCSO Act, Ambedkar Nagar arising out of Case Crime No. 505 of 2024, under Sections 74 of BNS & Section 7/8 of POCSO Act, Police Station-Akbarpur, District- Ambedkar Nagar. 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 applicants or not. 4. The Hon'ble Supreme Court in C.B.I. v. Aryan Singh, 2023 SCC Online SC 379 holds 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 Cr.P.C 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 legal position, 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 files 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., (2021) 10 SCC 773. . (Subhash Vidyarthi,J.) Order Date :- 2.7.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench