RAJ KUMAR MISHRA v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER
A482/5667/2025 · 2025-07-18
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 151063 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 151063 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:41442 Court No. - 15 Case :- APPLICATION U/S 482 No. - 5667 of 2025 Applicant :- Raj Kumar Mishra Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Dinesh Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Dinesh Kumar Shukla, learned counsel for the applicant, Sri Mayank Sinha, the learned A.G.A. for the State and perused the record.
2. By means of instant application filed under Section 482 Cr.P.C./528 B.N.S.S., the applicant has prayed for quashing of Charge Sheet No. 01 date 12.09.2022, impugned summoning
order dated 20.12.2024, arising out of Case Crime No. 0430/2021, under Sections 419 & 420 IPC, Police Station Colonelganj, District Gonda, pending in the court of Chief Judicial Magistrate, Gonda.
3. The learned counsel for the applicant has submitted that the applicant is innocent and he has been falsely implicated.
4. 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.
5. 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 available to proceed further against the accused for which the accused is required to be tried or not".
6. 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.
7. 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 :- 18.7.2025 Pradeep/- Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench