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2025 DAILYLAW 150547 (ALL)

JITENDRA SINGH v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO. AND ANOTHER

A482/5621/2025 · 2025-07-11

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:39673 Court No. - 15 Case :- APPLICATION U/S 482 No. - 5621 of 2025 Applicant :- Jitendra Singh Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Another Counsel for Applicant :- Dharmendra Kumar Singh,Ankit Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Dharmendra Kumar Singh, the learned counsel for the applicant, as well as Smt. Kamlesh Kumar, the learned A.G.A. for the State, and perused the record. 2. Present application under Section 482 Cr.P.C./Section 528 BNSS has been filed seeking quashing of proceeding of Case No.2168 of 2009 (State Vs. Vishambhar Dayal and others), pending in the Court of learned Additional Civil Judge (S.D.)II/Additional Chief Judicial Magistrate, Raebareli, including the charge-sheet no.95 of 1998 dated 29.05.1998 filed in Case Crime No.0154 of 1997 lodged at Police Station Bachharawan, District Raebareli, the order dated 18.11.2002 by means of which cognizance has been taken as well as the order dated 10.12.2018 by means of which NBW has been issued against the applicant. The learned counsel for the applicant has submitted that the applicant is innocent and he 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 his 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 :- 11.7.2025 MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench