Disposed

Yogesh Kumar Yadav v. State of U.P. Thru. A.C.S / Prin. Secy. Deptt. of Home Govt. Lko. and Another

Allahabad HC9 Jan 2024A482/83/2024

Case brief

AI extract

What is this about?

The applicant filed an application under Section 482 Cr.P.C. seeking quashing of charge sheet and proceedings. Counsel withdrew the application on merit in favor of surrendering and filing a bail application. The court disposed of the petition by directing expeditious consideration of the bail application.

What did the court decide?

Permission granted to appear and file a bail application, which shall be considered and decided expeditiously.

Yogesh Kumar Yadav vs State of U.P. Thru. A.C.S… — Criminal Trial and Appeal | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:2134

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Court No. - 27

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Case :- APPLICATION U/S 482 No. - 83 of 2024

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Applicant :- Yogesh Kumar Yadav Opposite Party :- State Of U.P. Thru. A.C.S / Prin. Secy. Deptt. Of Home Govt. Lko. And Another Counsel for Applicant :- Qasim Abbas Zaidi Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Qasim Abbas Zaidi, the learned counsel for the applicant and Sri Gyanendra Singh, the learned A.G.A. for the State and perused the record.

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By means of the instant application under Section 482 Cr.P.C., the applicant has sought quashing of Charge Sheet No. 242/05 dated 26.12.2005, issuing non-bailable warrant against the applicant vide order dated 04.09.2018 and the entire criminal proceedings arising out of Case Crime No. 272/05, under Sections 181, 419, 420, 467, 471 IPC, Police Station Chinhat, District Lucknow, pending in the Court of Additional Chief Judicial Magistrate-I, Court No. 25, Lucknow.

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The learned counsel for the applicant has submitted that the applicant is innocent and he has been falsely implicated.

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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 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.

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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".

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Confronted with the aforesaid objection, the learned counsel

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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.

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Accordingly, the instant application is disposed of by observing that in case the applicant appears and files an application for his 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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Order Date :- 9.1.2024 Pradeep/-

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

Yogesh Kumar Yadav v. State of U.P. Thru. A.C.S / Prin. Secy. Deptt. of Home Govt. Lko. and Another

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Yogesh Kumar Yadav v. State of U.P. Thru. A.C.S / Prin. Secy. Deptt. of Home Govt. Lko. and Another

Case brief

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