DEVESH AWASTHI v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO. AND ANOTHER
A482/5394/2025 · 2025-07-04
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 149046 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 149046 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:38043 Court No. - 15 Case :- APPLICATION U/S 482 No. - 5394 of 2025 Applicant :- Devesh Awasthi Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Arvind Kumar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Arvind Kumar Tripathi, the learned counsel for the applicant, as well as Sri Ashok Kumar Srivastava, the learned A.G.A. and perused the record. 2. Present petition under Section 482 Cr.P.C./Section 528 BNSS has been filed seeking quashing of the entire proceedings of Criminal Case No.568/2013 "State Vs. Smt. Sushila Tripathi & another", pending before the learned Additional Chief Judicial Magistrate-II, Lucknow arising out of Case Crime No.464 of 2012 under Sections 147, 427, 504 and 506 I.P.C., Police Station Gonsaiganj, District Lucknow, including the summoning order dated 14.03.2013, B.W. Order dated 11.10.2014 and N.B.W. Order dated 16.12.2016 and 09.07.2024 along with charge sheet dated 29.10.2012 so far it relates to the applicant. 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 MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench