RAJENDRA KUMAR AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER
A482/5653/2025 · 2025-07-14
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 150996 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 150996 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:40086 Court No. - 15 Case :- APPLICATION U/S 482 No. - 5653 of 2025 Applicant :- Rajendra Kumar And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Sudhir Kumar Rai Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Sudhir Kumar Rai, the learned counsel for the applicants, Sri Ashok Srivastava, the learned A.G.A. and perused the record. 2. By means of the instant application filed under Section 482 Cr.P.C, the applicants have sought quashing of the chargesheet dated 25.06.2022 arising out of Case Crime No. 180 of 2022, under Sections 147, 323, 504, 506, 427 452, 308 I.P.C., Police Station Bikapur, District Ayodhya as well as cognizance order dated 08.06.2023 along with the proceedings of Criminal Case No. 839 of 2022, which is pending in the Court of learned Additional Civil Judge (Junior Division)-IIIrd/Additional Chief Judicial Magistrate, Ayodhya/Faizabad. 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 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 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 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 :- 14.7.2025 Preeti. Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench