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2025 DAILYLAW 150937 (ALL)

RAMENDRA KUMAR AND 4 OTHERS v. STATE OF U.P. THRU. PRIN. SECY HOME LKO. AND ANOTHER

NA528/740/2025 · 2025-07-18

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:41311 Court No. - 15 Case :- APPLICATION U/S 528 BNSS No. - 740 of 2025 Applicant :- Ramendra Kumar And 4 Others Opposite Party :- State Of U.P. Thru. Prin. Secy Home Lko. And Another Counsel for Applicant :- Pradeep Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Pradeep Kumar Mishra, the learned counsel for the applicants as well as Smt. Shikha Sinha, the learned A.G.A. for the State and perused the record. 2. By means of the present application under Section 482 Cr.P.C. the applicants have sought quashing of the entire proceedings of Criminal Case No. 57/2025, arising out of Case Crime No.376/2024, under Sections 147, 148, 452, 323, 504, 506 I.P.C., Police Station- Kamlapur, District- Sitapur, including the summoning order dated 28.05.2025 passed by the Additional Civil Judge (Junior Division)/ Judicial Magistrate, Sitapur. 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 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 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 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 :- 18.7.2025 (Manoj K.) Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench