Disposed¶11

Ram Janak Yadav and Another v. State of U.P. Thru. Addl. Chief Secy. Home Lko. and Another

Allahabad HC3 Jul 2025A482/4549/2025

Case brief

AI extract

What is this about?

Allahabad High Court (Lucknow Bench), Application U/S 482 No. 4549 of 2025, Subhash Vidyarthi, J. — Quashing of SC/ST Act and IPC trial (Special Trial No. 304 of 2024, Case Crime No. 228 of 2023, PS Karanundi Kala, Sultanpur) not pressed on merits; liberty granted to surrender and apply for bail; bail applications to be decided expeditiously per Satender Kumar Antil v. C.B.I. (2022) 10 SCC 51; limited scope of Section 482 Cr.P.C. noted per C.B.I. v. Aryan Singh, 2023 SCC Online SC 379.

What did the court decide?

Liberty to the applicants to appear/surrender and file bail applications; direction that such bail applications be considered and decided expeditiously in accordance with law, including Satender Kumar Antil v. C.B.I., (2022) 10 SCC 51. Quashing prayer on merits not pressed. ¶11

Ram Janak Yadav and Another Vs State of U.P. Thru. Addl. Chief Secy. Home Lko. and Another — Allahabad HC (2025) — LawSathi Research

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Neutral Citation No. - 2025:AHC-LKO:37601

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Court No. - 15

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Case :- APPLICATION U/S 482 No. - 4549 of 2025 Applicant :- Ram Janak Yadav And Another Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Another Counsel for Applicant :- Shikha Srivastava,Richa Srivastava,Suneel Kumar Singh Kalhans Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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1. Heard Sri Shikha Srivastava, the learned counsel for the applicants, Sri Hansraj Verma, the learned A.G.A. and perused the record.

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2. Present petition under Section 482 Cr.P.C. has been filed seeking quashing of the entire proceedings of Special Trial No. 304 of 2024 arising out of Case Crime No. 228 of 2023, under Sections 323, 504, 506, 427 I.P.C and Section 3(1)(Da), 3(1) (Dha) of SC/ ST Act, Police Station Karanundi Kala, District Sultanpur, pending in the Court of Additional District and Session Judge, Room No.2, S.C/S.T, Sultanpur.

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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 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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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

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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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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.

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6. 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., (2022) 10 SCC 51 .

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(Subhash Vidyarthi,J.)

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Order Date :- 3.7.2025 Preeti.

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

Ram Janak Yadav and Another v. State of U.P. Thru. Addl. Chief Secy. Home Lko. and Another

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Ram Janak Yadav and Another v. State of U.P. Thru. Addl. Chief Secy. Home Lko. and Another

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