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2025 DAILYLAW 150597 (ALL)

VIRENDRA KUMAR SINGH @ DHIRENDRA KUMAR AND ANOTHER v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO. AND ANOTHER

A482/5576/2025 · 2025-07-10

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:39497 Court No. - 15 Case :- APPLICATION U/S 482 No. - 5576 of 2025 Applicant :- Virendra Kumar Singh @ Dhirendra Kumar And Another Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Neeraj Srivastava,Anil Kumar Verma,Narendra Pratap Singh,Sandeep Kumar Ojha,Touqeer Ahmad Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Sandeep Kumar Ojha, the learned counsel for the applicants as well as Sri Manish Kumar Pandey, the learned A.G.A. and perused the record. 2. Present petition under Section 482 Cr.P.C. has been filed seeking quashing of the charge sheet no.1 of 2016, dated 29.10.2016 along with entire proceedings of S.T. No.255 of 2016, arising out of Case Crime No.450 of 2016, under Sections 323/504/506/427 I.P.C. and Section 3 (i)(x) S.C./S.T. Act, Police Station Ashiyana, District Lucknow, pending in the Court of learned Special Judge, SC/ST Act, Lucknow. The learned counsel for the applicants 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 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 is 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 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 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench