DEEPAK AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO AND ANOTHER
A482/5356/2025 · 2025-07-03
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 148772 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 148772 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:37749 Court No. - 15 Case :- APPLICATION U/S 482 No. - 5356 of 2025 Applicant :- Deepak And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And Another Counsel for Applicant :- Onkar Nath Tiwari Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Onkar Nath Tiwari, learned counsel for the applicants, Sri Rajesh Kumar Singh, learned A.G.A.-I for the State and perused the records. 2. Present petition under Section 482 Cr.P.C./528 B.N.S.S. has been filed seeking quashing of the impugned additional charge sheet dated 16.07.2016 bearing Charge Sheet No. 5A/16 and also the summoning order dated 19.10.2024 as well as the entire criminal proceeding of Criminal Case No. 164 of 2016 (mentioned in the charge sheet) new Criminal Case No. 3925/24 (mentioned in the FIR and summoning order), arising out of Case Crime No. 551 of 2015, under Sections 147, 148, 323, 506 IPC, Police Station Inayat Nagar, District Faizabad now Ayodhya, pending in the court of ACJM-III, Ayodhya. 3. The learned counsel for the applicants has submitted that the applicants are innocent and they have been falsely implicated. 4. 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. 5. 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". 6.
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. 7. Accordingly, the instant application is disposed of by observing that in case the applicants appear 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., (2021) 10 SCC 773. Order Date :- 3.7.2025 Pradeep/- Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench