High Court disposed of a Section 482 CrPC application by allowing the applicants to file a bail application for expeditious hearing rather than deciding on the merits of the quashing petition.
Application disposed; leave given to move bail application for expeditious hearing.
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Neutral Citation No. - 2024:AHC-LKO:14102
Court No. - 27
Case :- APPLICATION U/S 482 No. - 1242 of 2024
Applicant :- Nafees And Another Opposite Party :- State Of U.P. Thru. Secy. Deptt. Home Masoom Ali Resident Banehra Devband And Another Counsel for Applicant :- Amiruddin Khan,Pawan Kumar Yadav,Shahid Raza
Counsel for Opposite Party :- G.A.
Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Shahid Raza, the learned counsel for the applicants as well as Ms. Charu Singh, 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 entire proceedings of Criminal Case No.7451 of 2023 arising out of Case Crime No.142 of 2023, under Sections 308, 323, 504, 506 I.P.C. Police Station Kudwar, District Sultanpur pending in the Court of learned Judicial Magistrate/Civil Judge FTC (J.D.), District Sultanpur. The learned counsel for the applicants submitted that the applicants are innocent and they have been falsely implicated in the present case.
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 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.
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., (2021) 10 SCC 773 .
(Subhash Vidyarthi,J.)
Order Date :- 16.2.2024 Ram.
Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the High Court can quash criminal proceedings under Section 482 Cr.P.C. in the absence of merit.
Colour shows how this judgement treated each authority
C.B.I. v. Aryan SinghReferred¶10
_C.B.I. v. Aryan Singh, 2023 SCC Online SC 379_ · Who else cites this
Satender Kumar Antil v. C.B.I.Referred¶12
_Satender Kumar Antil v. C.B.I., (2021) 10 SCC 773_ · Who else cites this
1 provisions across 1 enactments
Nafees And Another
Subhash Vidyarthi
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
