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2025 DAILYLAW 150059 (ALL)

GANPAT @ GANPATI AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

A482/5489/2025 · 2025-07-10

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:39395 Court No. - 15 Case :- APPLICATION U/S 482 No. - 5489 of 2025 Applicant :- Ganpat @ Ganpati And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Alok Kumar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Alok Kumar Tripathi, the learned counsel for the applicants, 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 Criminal Case No.8374 of 2021 (State Vs. Ganpat and others) arising out of Case Crime No.0288 of 2021, under Sections 323, 504 and 506 IPC lodged at Police Station Kotwali Dehat, District Sultanpur, pending in the Court of learned First Additional Chief Judicial Magistrate, Sultanpur, including the charge sheet dated 09.08.2021 and cognizance/summoning order dated 26.11.2021. The learned counsel for the applicants has submitted that the applicants are innocent and they have 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 applicants 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 applicants 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 applicants submits that he does not want to press this application on merit and he confines his prayer only to the extent that applicants 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 applicants appear 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 MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench