Neutral Citation No. - 2025:AHC-LKO:36883 Court No. - 15 Case :- APPLICATION U/S 528 BNSS No. - 629 of 2025 Applicant :- Ram Sahay Mishra Opposite Party :- State Of U.P. Thru. The Prin. Secy. Home Lko. And Another Counsel for Applicant :- Kalika Prasad Pandey Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Uday Kumar, Advocate holding brief of Sri Kalika Prasad Pandey, the learned counsel for the applicant as well as Sri Hans Raj Verma, the learned A.G.A. and perused the record. 2. By means of the present application under Section 528 BNSS, the applicant has sought quashing of the entire criminal proceedings of impugned Special Session Trial No.1297 of 2024 arising out of charge-sheet No.154 dated 24.09.2024 as well as the summoning order dated 28.10.2024 under Section 115(2), 352, 351(2) of BNS & Section 3(2)(va) & 3(1)(Da), 3(1)(Dha) of the SC/ST Act passed by the Special Judge, SC/ST (PA) Act, Sultanpur relating to police station- Sangrampur, District- Amethi. 3. Learned A.G.A. has opposed the aforesaid prayer and has submitted that while exercising the jurisdiction under Section 482 Cr.P.C. (corresponding Section 528 BNSS), 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. (corresponding Section 528 BNSS), 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 :- 1.7.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench