ABHIMANYU @ NAMSER SHAH AND 3 OTHERS v. STATE OF U.P. THRU. ITS SECY. HOME DEPTT. LKO. AND ANOTHER
A482/5769/2025 · 2025-07-17
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 150202 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 150202 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:40804 Court No. - 15 Case :- APPLICATION U/S 482 No. - 5769 of 2025 Applicant :- Abhimanyu @ Namser Shah And 3 Others Opposite Party :- State Of U.P. Thru. Its Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Sukh Deo Singh,Paritosh Shukla Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Paritosh Shukla, the learned counsel for the applicants, as well as Sri Ashok Srivastava, the learned AGA for the State, and perused the record,
2. By means of the instant application U/s 482 CrPC, the applicants have prayed for quashing of the charge sheet dated 08.02.2022 as well as cognizance/summoning order dated 07.03.2022 passed by the learned Chief Judicial Magistrate, Faizabad in Criminal Case No.813/2022 (State Vs. Namser Shah), arising out of FIR No.990/2019, under Sections 427 and 506 IPC read with Section 4/10 Indian Forest Act, 1927 lodged at Police Station Kotwali Nagar, District Faizabad (Ayodhya). 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 :- 17.7.2025 MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench