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2025 DAILYLAW 151870 (ALL)

RAM DAYAL AND 2 OTHERS v. STATE OF U.P. THRU. SECY. HOME LKO. AND ANOTHER

NA528/774/2025 · 2025-07-17

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:40905 Court No. - 15 Case :- APPLICATION U/S 528 BNSS No. - 774 of 2025 Applicant :- Ram Dayal And 2 Others Opposite Party :- State Of U.P. Thru. Secy. Home Lko. And Another Counsel for Applicant :- Manoj Sahu Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Manoj Sahu, the learned counsel for the applicants as well as Sri S. P. Singh, learned State Counsel and perused the record. 2. By means of the present application under Section 528BNSS, the applicants have sought quashing of the entire proceedings of the Case No. 1222 of 2025, arising out of Crime No. 34/2025, under Section 115(2), 352, 333, 351 (3), 110, 117(2) BNS./(U/s 323/452/504/506/308/325 IPC) relating to Police Station- Kotwali Bikapur, District- Ayodhya, as well as Charge- sheet No. 66/2025 & summoning order dated 01.05.2025 passed by Additional Civil Judge-III, (Senior Division) /ACJM, Ayodhya. 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 :- 17.7.2025 (Manoj K.) Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench