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2025 DAILYLAW 152945 (ALL)

ASHOK KUMAR @ ASHOK v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

A482/5921/2025 · 2025-07-30

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:44210 Court No. - 15 Case :- APPLICATION U/S 482 No. - 5921 of 2025 Applicant :- Ashok Kumar @ Ashok Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Alok Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Alok Kumar Mishra, learned counsel for the applicant and Sri Shikhar Srivastava, the learned A.G.A. for the State and perused the record. 2. Present petition under Section 482 Cr.P.C. has been filed seeking quashing of the impugned charge sheet No. 219/2021 dated 16.08.2021, impugned cognizance/summoning order dated 11.02.2022 as well as the entire proceeding of Case No. 479/2022, arising out of Case Crime No. 0204/2021, under Sections 323, 308, 504, 506 & 325 IPC, Police Station Kotwali Dehat, District Sitapur. 3. The learned counsel for the applicant has submitted that the applicant is innocent and he has been falsely implicated. 4. 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. 5. 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". 6. 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. 7. 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 :- 30.7.2025 Pradeep/- Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench