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2025 DAILYLAW 147440 (ALL)

MOHIT SINGH AND ANOTHER v. STATE OF U.P. THRU. SECY. HOME LKO.

A482/5215/2025 · 2025-07-01

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:36968 Court No. - 15 Case :- APPLICATION U/S 482 No. - 5215 of 2025 Applicant :- Mohit Singh And Another Opposite Party :- State Of U.P. Thru. Secy. Home Lko. Counsel for Applicant :- Shiv Kumar Vishwakarma,Avneesh Kumar Rai,Saurabh Kumar Rai Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Ashish Kumar Verma, Advocate holding brief of Sri Shiv Kumar Vishwakarma, the learned counsel for the applicants as well as Sri Vishnu Kumar Verma, 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 applicants Mohit Singh and Ankit Singh have sought quashing of the non-bailable warrant dated 19.05.2017 issued by the learned trial court in the Session Trial No.289 of 2016 arising out of Case Crime No.29 of 2013 under Sections 411, 413, 420, 467, 468, 379 IPC registered at Police Station- Krishna Nagar, Lucknow. 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 applicants appears 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., (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