Disposed

Jai Bahadur Singh v. State of U.P. Thru. Prin. Secy. Home Lko. and 2 Others

Allahabad HC2 Jul 2025A482/10735/2024

Case brief

AI extract

What is this about?

Applicant sought quashing of a charge sheet, summoning orders and trial under Sections 504, 506 IPC. Counsel declined to press the application on merits after the Court noted Section 482's limited scope, confining the prayer to expeditious bail upon surrender.

What did the court decide?

Bail application to be considered and decided expeditiously in accordance with law if applicant surrenders

Jai Bahadur Singh Vs State of U.P. Thru. Prin. Secy. Home… — Quashing and FIR | Allahabad HC (2025)

¶1

Neutral Citation No. - 2025:AHC-LKO:37423

¶2

Court No. - 15

¶3

Case :- APPLICATION U/S 482 No. - 10735 of 2024

¶4

Applicant :- Jai Bahadur Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 2 Others Counsel for Applicant :- Rajesh Kumar,Shivam Pandey Counsel for Opposite Party :- G.A.

¶5

Hon'ble Subhash Vidyarthi,J.

¶6

Heard Sri Rajesh Kumar, learned counsel for the applicant, Ms. Kamlesh Kumari, learned A.G.A. for the State and perused the records.

¶7

Present petition under Section 482 Cr.P.C./528 B.N.S.S. has been filed seeking quashing of the impugned charge sheet No. A541/20 dated 12.07.2012, impugned summoning order dated 14.09.2022 as well as 04.09.2024 and entire criminal proceedings of S.T. No. 12201/2022 arising out of Case Crime No. 439/2020, under Sections 504, 506 IPC, Police Station Kotwali Akbarpur, District Ambedkar Nagar, pending before the learned Additional District and Sessions Judge-I, Ambedkar Nagar.

¶8

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

¶9

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.

¶10

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".

¶11

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.

¶12

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.

¶13

Order Date :- 2.7.2025 Pradeep/-

¶14

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

Jai Bahadur Singh v. State of U.P. Thru. Prin. Secy. Home Lko. and 2 Others

Case brief

What is this about?

What did the court decide?

Jai Bahadur Singh v. State of U.P. Thru. Prin. Secy. Home Lko. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Mohd. Saleem Khan Vs State of U.P. Thur. Superintendent of Police Central Bureau

Alok Kumar and 6 Others Vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

Durga Prasad Dubey Vs State of U.P. Thru. Prin. Secy. Home Lko.

Lal Bahadur @ Lal Bahadur Yadav vs State of U.P. Thru. Chief Secy. Home Deptt. Lko. and Another

Jai Bahadur Singh vs State of U.P. Thru. Prin. Secy. Home Lko. and 2 Others

Shiv Kumar Goshwami vs State of U.P. Thru. Secy. Home Lko.