PUSHP DANT TIWARI v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME LKO. AND ANOTHER
NA528/661/2025 · 2025-07-03
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 148414 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 148414 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:37446 Court No. - 15 Case :- APPLICATION U/S 528 BNSS No. - 661 of 2025 Applicant :- Pushp Dant Tiwari Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Abhishek Misra,Suraj Narayan Bajpai Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Abhishek Misra, the learned counsel for the applicants as well as Sri Ashok Kumar Mishra, the learned A.G.A., Shri Dhirendra Awasthi, the learned counsel for the opposite party No.2 and perused the record. 2. By means of the present application under Section 482 Cr.P.C. (528 BNSS), the applicants have sought quashing of the entire proceedings of Crl. Case No.36 of 2025 under Section 316(5) of BNS and 66-D of IT Act pending before the Ld. Civil Judge, (S.D.)/FTC, Court No.38, Barabanki arising out of Case Crime No.292 of 2024 registered at P.S. Masauli, Districti- Barabanki. 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 :- 3.7.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench