PARMESHVAR DAYAL @ MUNNA v. STATE OF U.P. THRU. PRIN. SECY. (HOME) LKO. U.P. AND 3 OTHERS
NA528/778/2025 · 2025-07-30
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 152003 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 152003 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:43976 Court No. - 15 Case :- APPLICATION U/S 528 BNSS No. - 778 of 2025 Applicant :- Parmeshvar Dayal @ Munna Opposite Party :- State Of U.P. Thru. Prin. Secy. (Home) Lko. U.P. And 3 Others Counsel for Applicant :- Ajey Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Ajey Singh, the learned counsel for the applicant as well as Sri Diwaker Singh, the learned A.G.A. and perused the record. 2. By means of the instant application filed under Section 482 Cr.P.C/528 BNSS, the applicant has sought quashing of the entire proceedings of Special Criminal Case No. 614 of 2025 arising out of Case Crime No. 65 of 2025, under Sections 75(1) (i) B.N.S., 9M/10 of POCSO Act and 3(1)(w), 3(2)(Va) of S.C./S.T. Act, Police Station Payagpur, District Bahraich along with the chargesheet dated 13.04.2025 and summoning order dated12.05.2025 passed by Additional District and Session Judge/Special Judge, POCSO Act, Bahraich. 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 CrPC the Court has very limited jurisdiction and is required to consider "whether any sufficient material is 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 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., (2022) 10 SCC 51. (Subhash Vidyarthi,J) Order Date :- 30.7.2025 Preeti. Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench