KUMARI ANURADHA ALIAS BEETU AND ANOTHER v. STATE OF U.P. THRU. ITS PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER
A482/5736/2025 · 2025-07-22
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 151693 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 151693 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:41963 Court No. - 15 Case :- APPLICATION U/S 482 No. - 5736 of 2025 Applicant :- Kumari Anuradha Alias Beetu And Another Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Ashok Kumar Verma,Prashant Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Prashant Singh, the learned counsel for the applicants, as well as Sri Mayank Sinha, the learned A.G.A. for the State, and perused the record. 2. Present application under Section 482 Cr.P.C./Section 528 BNSS has been filed seeking quashing of the entire proceedings of the Special Sessions Trial No.59/2024 (State Vs. Anuradha alias Beetu and others), pending in the Court of learned Special Sessions Judge, S.C./S.T. Act, Lakhimpur Kheri as well as quashing of the charge sheet no.01 dated 12.04.2023 filed in Case Crime No.099/2023, under Sections 323 and 504 IPC read with Sections 3(1)da, 3(1)dha and 3(2)(va) S.C./S.T. Act lodged at Police Station Mailani, District Kheri. The learned counsel for the applicants has submitted that the applicants are innocent and they have been falsely implicated in the present case. 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 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 file 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 :- 22.7.2025 MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench