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2025 DAILYLAW 154167 (ALL)

SHERBAHADUR VISHWAKARMA v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

A482/6135/2025 · 2025-07-29

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:43628 Court No. - 15 Case :- APPLICATION U/S 482 No. - 6135 of 2025 Applicant :- Sherbahadur Vishwakarma Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Shashi Kant Tripathi,Alok Kumar Singh,Vinay Kumar Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Alok Kumar Singh, the learned counsel for the applicant as well as Sri S.P. Singh, the learned State Counsel and perused the record. 2. Upon an oral prayer made by the learned counsel for the applicant, he is permitted to correct the description of case in the prayer clause of the application. 3. By means of the instant application filed under Section 482 Cr.P.C, the applicants have sought quashing of the charge sheet dated 24.01.2024 arising out of Case Crime No.726 of 2021 under Section 135 Indian Electricity Act, Police Station -Anti Power theft, District- Barabanki as well as impugned summoning order dated 21.01.2025 passed by the learned Special Judge, E.C. Act/Additional District and Sessions Judge, Barabanki in Session Case No. 308/2025. 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 is 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., (2022) 10 SCC 51. . (Subhash Vidyarthi,J) Order Date :- 29.7.2025 Preeti. Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench