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2025 DAILYLAW 148663 (ALL)

RAJ KUMAR YADAV v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND ANOTHER

A482/5342/2025 · 2025-07-04

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:37997 Court No. - 15 Case :- APPLICATION U/S 482 No. - 5342 of 2025 Applicant :- Raj Kumar Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Ashok Kumar Pathak,Prakash Arvind Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Udai Pratap Singh, Advocate holding brief of Sri Ashok Kumar Pathak, the learned counsel for the applicant as well as Smt. Shikha Sinha, the learned A.G.A.-I and perused the record. 2. Present petition under Section 482 Cr.P.C./Section 528 BNSS has been filed seeking quashing of the order dated 18.04.2025 rejecting the discharge application of the applicant in Case No.22779 of 2020, arising out of Case Crime No.594 of 2019, under Sections 406, 504, 506 I.P.C. Police Station Ghazipur, District Lucknow pending in the Court of learned Special Chief Judicial Magistrate (Custom), Lucknow. The learned counsel for the applicant submitted that the applicant is innocent and he has been falsely implicated in the present case. 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 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 :- 4.7.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench