NEK MOHAMMAD ALIAS LADEN AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. U.P. LKO. AND ANOTHER
A482/6131/2025 · 2025-07-31
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 154131 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 154131 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:44285 Court No. - 15 Case :- APPLICATION U/S 482 No. - 6131 of 2025 Applicant :- Nek Mohammad Alias Laden And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. And Another Counsel for Applicant :- Manoj Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Manoj Kumar Yadav, the learned counsel for the applicants as well as Mohd. Asif Khan, the learned A.G.A.-I for the State 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 13.02.2024 in Criminal Misc. Case No. 1648 of 2024, Charge Sheet No. 01 dated 16.12.2023, arising out of Case Crime No. 0149 of 2023 under Section 174-A IPC, P.S.-Baundi, District-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 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 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., (2021) 10 SCC 773. (Subhash Vidyarthi,J.) Order Date :- 31.7.2025 Vinay/- Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench