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2025 DAILYLAW 147781 (ALL)

WASEEM AHAMAD @ MUSSU v. STATE OF U.P.THRU. PRIN. SECY. HOME LKO AND ANOTHER

A482/5242/2025 · 2025-07-02

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:37259 Court No. - 15 Case :- APPLICATION U/S 482 No. - 5242 of 2025 Applicant :- Waseem Ahamad @ Mussu Opposite Party :- State Of U.P.Thru. Prin. Secy. Home Lko And Another Counsel for Applicant :- Mirza Ataulla Beg Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Anmol Kumar Verma, Advocate holding brief of Sri Mirza Ataulla Beg, the learned counsel for the applicant as well as Smt. Shikha Sinha, the learned A.G.A. and perused the record. 2. By means of the instant application filed under Section 482 Cr.P.C, the applicant has sought quashing of the Non-Bailable Order dated 05.06.2025 arising out of Case Crime No. 329 of 2007, under Section 147, 148, 323, 149, 504, 506 I.P.C., Police Station Baghauli, District Hardoi passed by learned Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Hardoi in S.T. No. 757 of 2007 titled as " State Vs. Harishchandra and others." 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 :- 2.7.2025 Preeti. Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench