SUJEET KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO. AND ANOTHER
A482/5502/2025 · 2025-07-14
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 149966 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 149966 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:39897 Court No. - 15 Case :- APPLICATION U/S 482 No. - 5502 of 2025 Applicant :- Sujeet Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And Another Counsel for Applicant :- Shashank Shukla,Prachi Shukla Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Supplementary affidavit filed by the learned counsel for the applicant is taken on record. 2. Heard Sri Shashank Shukla, the learned counsel for the applicant as well as Sri Amit Kumar Dwivedi, the learned A.G.A. and perused the record. 3. By means of the instant application filed under Section 482 Cr.P.C, the applicants have sought quashing of the chargesheet dated 01.04.2022 arising out of Case Crime No. 73 of 2022, under Sections 147, 323, 504, 506, 427 I.P.C and Section 3(1) (Da)(Dha) SC/ST Act, Police Station Chappia, District Gonda as well as summoning order dated 07.07.2022 passed by the Court of Additional Session/ Special Judge, SC/ST Act, Gonda, on the ground that the applicant has been falsely implicated in the present case. 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 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. 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 is 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 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. 7.
The learned counsel for the applicant has further submitted that the FIR contains the name of accused Sujeet Singh and his father's name has been mentioned as unknown whereas the applicant is Sujeet Kumar Son of Sri Ram Sanehi. For the aforesaid difference in description of the accused in the FIR and the correct description of the applicant, the applicant might face difficulty in getting an order of his release on bail from the trial court. 8. The aforesaid discrepancy in identity may be brought to the notice of the trial court by the applicant by filing an application for his release on bail and the trial court shall take the same into
consideration and pass an appropriate order thereon keeping in view the law laid down by the Hon'ble Supreme Court in Satender Kumar Antil v. C.B.I., (2022) 10 SCC 51.
9. Accordingly, the instant application is disposed of with the aforesaid liberty. . (Subhash Vidyarthi,J.)
Order Date :- 14.7.2025 Preeti. Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench