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2025 DAILYLAW 150115 (ALL)

KOMAL SAHU @ SHIVANGI SAHU v. STATE OF U.P. THRU. SECY. DEPTT. OF HOME LKO. AND ANOTHER

A482/5643/2025 · 2025-07-18

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:41202 Court No. - 15 Case :- APPLICATION U/S 482 No. - 5643 of 2025 Applicant :- Komal Sahu @ Shivangi Sahu Opposite Party :- State Of U.P. Thru. Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Mohd. Haroon Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Mohd. Haroon, the learned counsel for the applicant, as well as the learned A.G.A. for the State, and perused the record. 2. Present application under Section 482 Cr.P.C./528 BNSS has been filed seeking quashing of the criminal proceeding of Case No.113823/2024 (State of U.P. Vs. Sanjay Sahu and others), arising out of charge sheet no.01/2024 dated 23.04.2024 filed in Case Crime No.0113 of 2024 lodged at Police Station Thakurganj, District Lucknow, pending in the Court of learned Additional Chief Judicial Magistrate 5th, Lucknow as well as quashing of the order dated 25.11.2024 by means of which cognizance of the offence has been taken and the applicant has been summoned to face trial along with other accused persons. The learned counsel for the applicant submitted that the applicant is innocent and she 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 her 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 :- 18.7.2025 MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench