ASHUTOSH SINGH (IN THE F.I.R MENTIONED AS MOHIT SINGH AND 4 OTHERS v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO AND ANOTHERS
A482/6126/2025 · 2025-07-29
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 154245 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 154245 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:43602 Court No. - 15 Case :- APPLICATION U/S 482 No. - 6126 of 2025 Applicant :- Ashutosh Singh (In The F.I.R Mentioned As Mohit Singh And 4 Others Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko And Anothers Counsel for Applicant :- Manmohan Singh,Dilip Kumar Verma Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Manmohan Singh, the learned counsel for the applicants, Sri Hansraj Verma, the learned A.G.A. and perused the record. 2. Present petition under Section 482 Cr.P.C. has been filed seeking quashing of the Non-Bailable Warrant dated 17.04.2017 issued in Criminal Case No.9664 of 2024 by the learned Civil Judge (Senior Division)/Additional Chief Judicial Magistrate, Kadipur, Sultanpur as well as charge sheet dated 29.06.2013 submitted in Case Crime No.533 of 2013 under Sections 147, 352, 353, 504, 506, 427 OF I.P.C., 7 Criminal Law Amendment Act and 2, 3 of the Prevention of Damage to Public Property Act, 1984, Police Station - Kadipur, District - Sultanpur. 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 :- 29.7.2025 Preeti. Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench