ANIL KUMAR JHA v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO. AND ANOTHER
A482/5488/2025 · 2025-07-10
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 149889 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 149889 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:39484 Court No. - 15 Case :- APPLICATION U/S 482 No. - 5488 of 2025 Applicant :- Anil Kumar Jha Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Ajay Kumar Tripathi,Vijay Kumar Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Ajay Kumar Tripathi, the learned counsel for the applicant, as well as Smt. Kamlesh Kumari, the learned A.G.A., and perused the record. 2. Present application under Section 482 Cr.P.C./Section 528 BNSS has been filed seeking quashing of the entire proceeding of Case No.2563 of 2025, arising out of Case Crime No.0525 of 2022, under Sections 504 and 507 IPC lodged at Police Station Kotwali Dehat, District Hardoi, including the charge-sheet No.516 of 2022 dated 12.10.2022 and the summoning order dated 23.01.2025 passed by the learned Chief Judicial Magistrate, Hardoi. The learned counsel for the applicant has 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 files an application for his 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 MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench