Shivam Pratap Singh and Another Vs State of U.P. Thru. A.C.S Prin. Secy. Deptt. Home Govt. Lko. and Another — Allahabad HC (2024) — LawSathi Research

Shivam Pratap Singh and Another Vs State of U.P. Thru. A.C.S Prin. Secy. Deptt. Home Govt. Lko. and Another — Allahabad HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Applicants permitted to surrender and move a bail application before the court concerned; such bail application to be considered and decided expeditiously in accordance with law, including the law laid down in Satender Kumar Antil v. C.B.I. The quashing prayer was not pressed on merits and was not decided.

Issue for consideration

Whether the entire criminal proceedings arising out of FIR No. 0300/23 (Session Case No. 3359/2023), including the summoning order dated 16.11.2023 passed by the Special Judge SC/ST Act, Lucknow, should be quashed under Section 482 Cr.P.C. +1 more

Ratio / Principle

The application was disposed of with the observation that if 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.

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Court No. 11 (Subhash Vidyarthi, J.), Application U/S 482 No. 5274 of 2024, decided 6.6.2024; Neutral Citation 2024:AHC-LKO:42598. Petition under Section 482 Cr.P.C. by Shivam Pratap Singh and another sought quashing of the entire criminal proceedings arising out of FIR No. 0300/23, Charge Sheet No. 01/2023 dated 09.08.2023 (Sections 269, 323, 504, 506 IPC and Sections 3(1)(B), 3(1)(Dha) SC/ST Act) and the summoning order dated 16.11.2023 of the Special Judge SC/ST Act, Lucknow in Session Case No. 3359/2023. The learned A.G.A. objected that under Section 482 Cr.P.C. the Court cannot test the correctness of allegations; relying on C.B.I. v. Aryan Singh, 2023 SCC Online SC 379 (no mini trial; very limited jurisdiction), counsel for the applicants did not press the petition on merits and confined the prayer to surrender and bail. The Court disposed of the application directing that on the applicants' appearance and filing of a bail application, it shall be considered and decided expeditiously in accordance with law, including Satender Kumar Antil v. C.B.I., (2021) 10 SCC 51.

Neutral Citation No. - 2024:AHC-LKO:42598

Court No. - 11

Case :- APPLICATION U/S 482 No. - 5274 of 2024

Applicant :- Shivam Pratap Singh And Another Opposite Party :- State Of U.P. Thru. A.C.S Prin. Secy. Deptt. Home Govt. Lko. And Another

Counsel for Applicant :- Devendra Kumar Pathak,Alok Kirti Mishra

Counsel for Opposite Party :- G.A.

Hon'ble Subhash Vidyarthi,J.

Heard Sri Devendra Kumar Pathak, the learned counsel for the applicants as well as Sri Anurag Verma, the learned A.G.A.I for the State and perused the record.

Present petition under Section 482 Cr.P.C. has been filed seeking quashing of the entire criminal proceedings as well as the summoning order dated 16.11.2023 issued by Special Judge SC/ST Act, Lucknow arising out of Session Case No. 3359/2023: FIR No. 0300/23 and Charge Sheet No. 01/2023 dated 09.08.2023 filed U/S 269, 323, 504, 506 IPC & Section 3(1)(B) & Section 3(1)(Dha) of SC/ST Act. The learned counsel for the applicants submitted that the applicants are innocent and they have been falsely implicated in the present case.

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.

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".

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.

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 51.

Order Date :- 6.6.2024 Pradeep/-

Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench