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2025 DAILYLAW 149376 (ALL)

VIVEK SINGH v. STATE OF U.P. THRU. PRIN. SECY. FOREST DEPTT. LKO. AND 2 OTHERS

A482/5432/2025 · 2025-07-07

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:38130 Court No. - 15 Case :- APPLICATION U/S 482 No. - 5432 of 2025 Applicant :- Vivek Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Forest Deptt. Lko. And 2 Others Counsel for Applicant :- Sivendra Kumar Srivastav,Anuj Kumar Awasthi Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Shivendra Kumar Srivastava, the learned counsel for the applicant as well as Sri Rajesh Kumar Singh, the learned A.G.A. and perused the record. 2. Present petition under Section 482 Cr.P.C. has been filed seeking quashing of the charge sheet dated 01.02.2017, cognizance/summoning order dated 02.02.2017 along with entire proceedings of Criminal Case No.161 of 2017, arising out of Forest Case No.43 of 2016/2017, under Sections 33, 41, 42 Indian Forest Act, registered at Forest Range Sharda Nagar, District Lakhimpur Kherim pending in the court of Civil Judge, Senior Division/F.T.C. Lakhimpur Kheri. 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 :- 7.7.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench