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2025 DAILYLAW 151534 (ALL)

MOAZZAM ALI AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. AND ANOTHER

A482/5737/2025 · 2025-07-16

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:41098 Court No. - 15 Case :- APPLICATION U/S 482 No. - 5737 of 2025 Applicant :- Moazzam Ali And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. And Another Counsel for Applicant :- Kuldeep Kumar Srivastava,Deepansi, Mangal Sen Yadav,Pankaj Verma Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Mangal Sen Yadav, the learned counsel for the applicants as well as Sri Satyendra Srivastava, the learned A.G.A. and perused the record. 2. By means of the present application under Section 482 Cr.P.C., the applicants have sought quashing of the impugned summoning order dated 01.10.2024 as well as Bailable Warrant dated 26.06.2025 passed by court of Chief Judicial Magistrate Balrampur whereby, the applicants have been summoned in the furtherance of Chargesheet dated 11.04.2024 arising out of FIR No.399 of 2023, under section 419, 420 and 406 IPC, Police Station Kotwalı Nagar, District Balrampur, as well as for quashing the entire proceeding of Criminal Case.803 of 2024, "State Vs. Rizwan Banjara and others", arising out of FIR No.0399 of 2024, under section 419, 420 and 406 IPC, Police Station Kotwali Nagar, District Balrampur, pending before the Learned Court of Chief Judicial Magistrate, Balrampur. 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 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