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2025 DAILYLAW 152600 (ALL)

UTKARSH MISHRA v. STATE OF U.P. THRU. PRIN. SECY. HOME GOVT. LKO AND ANOTHER

A482/5859/2025 · 2025-07-30

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:43973 Court No. - 15 Case :- APPLICATION U/S 482 No. - 5859 of 2025 Applicant :- Utkarsh Mishra Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Govt. Lko And Another Counsel for Applicant :- Ankit Kumar Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Ankit Kumar Dwivedi, the learned counsel for the applicants as well as Sri Mohd. Asif Khan, the learned A.G.A. and perused the record. 2. By means of the present application under Section 482 Cr.P.C. the applicants have sought quashing of the impugned summoning order dated 01.02.2025, the charge-sheet No.01/2024 as well as the entire proceedings of Case No. 255/2023 arising out of Case Crime No. 255 of 2023 under Sections 420/406/467/468/471 and 506 I.P.C. at Police Station Banthara, District Lucknow. 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. . (Subhash Vidyarthi,J.) Order Date :- 30.7.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench