UMESH KUMAR AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER
A482/5862/2025 · 2025-07-22
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 152483 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 152483 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:42003 Court No. - 15 Case :- APPLICATION U/S 482 No. - 5862 of 2025 Applicant :- Umesh Kumar And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Ana Fatma,Mohd. Salman,Mukhtar Ahamad Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Ana Fatma, the learned counsel for the applicants, Sri Ashok Kumar Srivastava, the learned A.G.A.-I and perused the record. 2. Present petition under Section 482 Cr.P.C. has been filed seeking quashing of the entire proceedings of Criminal Case No.4738 of 2023 pending before the learned Civil Judge (J.D.)/F.T.C., Crime against Women, Unnao as well as Charge sheet dated 03.09.2023, arising out of Case Crime No.312 of 2023, under Sections 323, 341, 354-Kha, 504, 506 I.P.C, Police Station- Purva, District- Unnao. 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 Preeti. Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench