ATUL KUMAR @ ATUL SHUKLA v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER
NA528/760/2025 · 2025-07-16
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 151512 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 151512 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:41105 Court No. - 15 Case :- APPLICATION U/S 528 BNSS No. - 760 of 2025 Applicant :- Atul Kumar @ Atul Shukla Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Rekha Singh,Ashok Kumar Maurya Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Ms. Rekha Singh, the learned counsel for the applicant as well as Sri Hansraj Verma, 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 Criminal Case No. of 2025 (State Versus Shubham & Others) pending in the Court of F.T.C. S.D. Sultanpur, as well as the Charge Sheet No.161/2024 dated 9.10.2024 under Sections 75/79/352/351(2)/351(4)/115(2) B.N.S., arising out of Case Crime No.0181 of 2024, Police Station Sangrampur, District Amethi, as well as the summoning
order dated 02.04.2025 passed by F.T.C. (S.D.) Sultanpur.
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 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