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2025 DAILYLAW 150812 (ALL)

RAJ KUMAR BHASIN v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/5687/2025 · 2025-07-15

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:40180 Court No. - 15 Case :- APPLICATION U/S 482 No. - 5687 of 2025 Applicant :- Raj Kumar Bhasin Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Kunwar Ravi Prakash,Neeraj Tripathi Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Kunwar Ravi Prakash, the learned counsel for the applicant as well as Sri Satyendra Srivastava, the learned A.G.A. and perused the record. 2. By means of the instant application filed under Section 482 Cr.P.C/528 BNSS, the applicant has sought quashing of the chargesheet dated 29.09.2020 arising out of Case Crime No. 140 of 2020, under Sections 427, 506 I.P.C, Police Station Gomti Nagar Extension, District Lucknow as well as cognizance order dated 16.03.2021 passed by the learned Chief Judicial Magistrate, Lucknow along with the proceedings of Case No. 13409 of 2021 titled as "State of U.P. Vs. Raj Kumar Bhasin and others." 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 applicant appears and file 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 :- 15.7.2025 Preeti. Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench