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2025 DAILYLAW 149879 (ALL)

SUBODH PANDEY @ SHAN JI @ SHANU PANDEY ( ACCORDING TO AADHAR CARD SUBODH PANDEY) v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO. AND 2 OTHERS

A482/5472/2025 · 2025-07-10

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:39331 Court No. - 15 Case :- APPLICATION U/S 482 No. - 5472 of 2025 Applicant :- Subodh Pandey @ Shan Ji @ Shanu Pandey ( According To Aadhar Card Subodh Pandey) Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko. And 2 Others Counsel for Applicant :- Anubhav Dwivedi,Smt.Seema Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Anubhav Dwivedi, the learned counsel for the applicant as well as Smt. Shikha Sinha, the learned A.G.A. and perused the record. 2. By means of the instant application filed under Section 482 Cr.P.C, the applicant hassought quashing of the chargesheet No. 01/2024 dated 10.12.2024 arising out of Case Crime No. 126 of 2024, under Sections 279, 337, 325, 352 I.P.C, Police Station Tarab Ganj, District Gonda along with the proceedings of Case No.4112 of 2025 titled as "State Vs. Subodh Pandey @ Shan Pandey @ Shanu Pandey", is pending in the Court of Additional Chief Judicial Magistrate-I, Gonda. 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 Cr.P.C the Court has very limited jurisdiction and is required to consider "whether any sufficient material is 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 :- 10.7.2025 Preeti. Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench