Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 148237 (ALL)

SMT. SUMAN AND ANOTHER v. STATE OF U.P. THRU. PRINCIPAL SECRETARY LKO. AND 4 OTHERS

A482/5348/2025 · 2025-07-08

Subhash Vidyarthi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:38476 Court No. - 15 Case :- APPLICATION U/S 482 No. - 5348 of 2025 Applicant :- Smt. Suman And Another Opposite Party :- State Of U.P. Thru. Principal Secretary Lko. And 4 Others Counsel for Applicant :- Mukesh Kumar,Narsingh Bahadur Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Narsingh Bahadur Singh and Sri Mukesh Kumar, the learned counsel for the applicants, Sri Hansraj Verma, the learned A.G.A. and perused the record. 2. The present petition under Section 482 Cr.P.C. has been filed seeking quashing of the summoning order dated 06.01.2025 and Bailable Order dated 30.05.2025 as well as the charge sheet dated 10.09.2023, arising out of Case Crime No. 93 of 2024, under Sections 498-A, 323, 504 I.P.C and Section 3/4 of Dowry Prohibition Act, Police Station Krishna Nagar, District Lucknow along with the entire proceedings. 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 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 applicants submits that he does not want to press this application on merit and he confines his prayer only to the extent that applicants 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., (2022) 10 SCC 51. . . (Subhash Vidyarthi,J.) Order Date :- 8.7.2025 Preeti. Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench