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2025 DAILYLAW 152020 (ALL)

AMAN SRIVASTAVA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/5800/2025 · 2025-07-24

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:42522 Court No. - 15 Case :- APPLICATION U/S 482 No. - 5800 of 2025 Applicant :- Aman Srivastava Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Arvind Kumar,Rachna Shukla,Ramraj,Tushar Jain Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Prashant Shekhar, Advocate, holding brief of Sri Arivind Kumar, the learned counsel for the applicant, as well as Sri Hansraj Verma, the learned A.G.A. and perused the record. 2. Present application under Section 482 Cr.P.C./Section 528 BNSS has been filed seeking quashing of the charge sheet no.77/2023 dated 24.03.2023 filed in Case Crime No.0240/2022, under Section 3/7 E.C. Act lodged at Police Station Mohammadi, District Lakhimpur Kheri as well as stay of order dated 05.10.2023 passed by the learned Judicial Magistrate, Mohammadi, District Kheri in Case No.9070/2023 (State Vs. Aman Srivastava) by means of which cognizance of the offence had been taken and the applicant was summoned to face trial as well as stay of order dated 20.06.2025 by means of which bailable warrant has been issued against the applicant. The learned counsel for the applicant submitted that the applicant is innocent and he has 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 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 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 :- 24.7.2025 MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench