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2025 DAILYLAW 150885 (ALL)

JABAJ KHAN v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME LKO. AND ANOTHER

A482/5722/2025 · 2025-07-16

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:41136 Court No. - 15 Case :- APPLICATION U/S 482 No. - 5722 of 2025 Applicant :- Jabaj Khan Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Mahendra Kumar Yadav,Amit Kumar Gaur Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Amit Kumar Gaur, the learned counsel for the applicant as well as Smt. Kamlesh Kumari, the learned A.G.A. and perused the record. 2. By means of the present application under Section 482 Cr.P.C. the applicant has sought quashing of the entire proceeding of Sessions Case No-1422 of 2023, FIR/Crime No- 408/2021 under section -323, 504, 506, IPC and 3(1)da, 3(1)dha SC/ST Police Station Sarojini Nagar, Lucknow Pending in the Court of SPL.JUDGE (SC/ST ACT), Lucknow, styled as State Vs Jabaj Khan as well as impugned Charge Sheet No.01/2021 dated 01/10/2021 as contained in Annexure no. 1 to this petition. 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 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 Cr.P.C 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 legal position, 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., (2021) 10 SCC 773. Order Date :- 16.7.2025 (Manoj K.) Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench