Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 155337 (ALL)

KAILAS KUMAR v. STATE OF U.P. THRU. SECY. HOME LKO. AND 2 OTHERS

A482/6271/2025 · 2025-08-01

Subhash Vidyarthi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:44885 Court No. - 15 Case :- APPLICATION U/S 482 No. - 6271 of 2025 Applicant :- Kailas Kumar Opposite Party :- State Of U.P. Thru. Secy. Home Lko. And 2 Others Counsel for Applicant :- Ajeet Kumar,Shravan Kumar,Varunesh Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Varunesh Kumar Yadav, learned counsel for the applicant and Sri Hansraj Verma, learned Addl. Government Advocate, and perused the record. 2. Present petition under Section 482 Cr.P.C/Section 528 BNSS. has been filed seeking quashing of the Chargesheet dated 04.01.2025 filed under Sections 106, 125 and 281 of the Bhartiya Nyaya Sanhita, 2023, arising out of Case Crime No. 167 of 2024, P.S. Bewana, District Ambedkar Nagar, F.I.R. No. 0091 of 2024 and summoning order dated 12.03.2025 in Criminal Case No. 167 of 2024, pending in the Court of the learned Addl. Chief Judicial Magistrate, Ambedkar Nagar. 3. The learned counsel for the applicant submitted that the applicant is innocent and he has been falsely implicated in the present case. 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 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 :- 1.8.2025 A.Nigam Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench