SANJAY YADAV ALIAS SANJAY KUMAR AND 2 OTHERS v. STATE OF U.P. THRU. ITS PRIN. SECY. HOME LKO. AND ANOTHER
NA528/713/2025 · 2025-07-09
Subhash Vidyarthi
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 150184 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 150184 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:38960 Court No. - 15 Case :- APPLICATION U/S 528 BNSS No. - 713 of 2025 Applicant :- Sanjay Yadav Alias Sanjay Kumar And 2 Others Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Home Lko. And Another Counsel for Applicant :- Anil Kumar Upadhyay,Diksha Tiwari,Sanjana Upadhyay,Saurabh Upadhyay Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Saurabh Upadhyay, the learned counsel for the petitioners, as well as Sri S.P. Singh, the learned counsel for the State, and perused the record. 2. Present petition under Section 482 Cr.P.C./Section 528 BNSS has been filed seeking quashing of the charge-sheet dated 21.08.2024 filed under Sections 115(2), 352 and 351(3) BNS and cognizance/summoning order dated 17.12.2024 passed by the learned Civil Judge, J.D., Tanda/Judicial Magistrate, Ambedkar Nagar in Criminal Case No.25381 of 2024, arising out of Case Crime No.0171 of 2024 lodged at Police Station Jaitpur, District Ambedkar Nagar, so far as the same relate to the petitioners. The learned counsel for the petitioners has submitted that the petitioners 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 petitioners 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 petitioners 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 petitioners submits that he does not want to press this application on merit and he confines his prayer only to the extent that the petitioners 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 petition is disposed of by observing that in case the petitioners 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 :- 9.7.2025 MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench