Disposed

Narendra Dev Tiwari and Others v. State of U.P. Thru. Prin. Secy. Home Deptt., Lko. and Another

Allahabad HC5 Mar 2024A482/1920/2024

Case brief

AI extract

What is this about?

In an application under Section 482 Cr.P.C. seeking quashing of charge sheets arising from a criminal case, the High Court dismissed the merit but allowed the application to be disposed of by permitting the applicants to file a bail application. The court directed that such a bail application, if filed, would be considered and decided expeditiously.

What did the court decide?

Directs that any bail application filed by the applicants shall be considered and decided expeditiously in accordance with law.

Narendra Dev Tiwari and Others vs State of U.P… — Criminal Trial and Appeal | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:19967

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Court No. - 27

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Case :- APPLICATION U/S 482 No. - 1920 of 2024 Applicant :- Narendra Dev Tiwari And Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt., Lko. And Another Counsel for Applicant :- Ved Prakash Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard the learned counsel for the applicants as well as the learned A.G.A. and perused the record.

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By means of the present application under Section 482 Cr.P.C. the applicants have sought quashing of the charge sheets dated 23.07.2015 and 13.05.2016, arising out of Case Crime No. 153 of 2013 under Sections 147, 148, 149, 307, 332, 336, 353, 504, 506, 188, 34 I.P.C and Section 7 of Criminal Law Amendment Act, Police Station Ibrahimpur, District Ambedkar Nagar as well as the proceedings of the Criminal Case Nos. 734 of 2015 ( State Vs. Guru Yadav and others) and 1814 of 2016 ( State vs. Narendra Dev Tiwari And Others) which are pending in the court Additional Chief Judicial Magistrate, District Ambedkar Nagar.

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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.

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The Hon'ble Supreme Court in C.B.I. v. Aryan Singh, 2023 SCC Online SC 379 holds that while exercising the powers

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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 Cr.P.C 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".

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Confronted with the aforesaid legal position, 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 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.

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Accordingly, the instant application is disposed of by observing that in case the applicants appears and files 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.

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(Subhash Vidyarthi,J.)

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Order Date :- 5.3.2024 Preeti.

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Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench

Narendra Dev Tiwari and Others v. State of U.P. Thru. Prin. Secy. Home Deptt., Lko. and Another

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Narendra Dev Tiwari and Others v. State of U.P. Thru. Prin. Secy. Home Deptt., Lko. and Another

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