Rajesh Kumar Yadav Vs State of U.P. Thru. the Prin. Secy. Home Deptt. Lko. and Another — Allahabad HC (2025) — LawSathi Research

Rajesh Kumar Yadav Vs State of U.P. Thru. the Prin. Secy. Home Deptt. Lko. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application disposed of (proceedings not formally quashed): with the direction that if the applicant appears before the trial court and files an application/furnishes personal bond for release on bail, he is to be released on bail expeditiously, subject to the legal requirements laid down in (2021) 10 SCC 773.

Issue for consideration

Whether the criminal proceedings (case/matter crime no. 133 of 2022, connected criminal case no. 15720 of 2022) under Sections 323, 324, 326 and 506 IPC, P.S. Hargaon, District Sitapur, initiated on the complaint report dated 20.09.2022 against the applicant and three others, ought to be cancelled/quashed under Section 482 Cr.P.C. +1 more

Court's answer

At the preliminary examination of a charge sheet/FIR under Section 482 Cr.P.C., the Court need only see whether sufficient grounds exist to initiate criminal proceedings against the accused; it should not conduct a mini-trial or investigate the truth of the allegations at this stage, nor weigh the prosecution's evidence — the truth of the allegations and the guilt or innocence of the accused is to be established during trial, after the trial court has considered the material linked by the investigating officer and the prosecution.

Ratio / Principle

Relying on the Supreme Court decision reported at 2023 SCC OnLine SC 379, in exercising jurisdiction under Section 482 Cr.P.C. the Court is not required to conduct a mini-trial, and the investigating/prosecution agency is not required to establish links connecting the allegations; the Court enjoys much wider discretionary powers at this stage and need only consider whether sufficient material is available against the accusee to warrant proceeding against him.

Key takeaways

While exercising the powers conferred by Section 482 Cr.P.C., the Court possesses much wider discretionary powers and is required only to consider whether there is sufficient material available against the accusee for which the case needs to proceed.ratio¶7
The application is disposed of with the following directive: if the applicant appears before the trial court and submits an application/furnishes personal bond seeking his release on bail, he shall be released on bail expeditiously, in accordance with the legal requirements laid down by the Hon'ble Supreme Court in the decision reported at (2021) 10 SCC 773.ratio¶8

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Subhash Vidyarthi, J.; Application U/S 482 No. 5084 of 2025 (Rajesh Kumar Yadav v. State of U.P. & Anr.), Order dated 18.7.2025 (Neutral Citation 2025:AHC-LKO:41224). The applicant sought cancellation of the criminal proceedings constituting case/matter crime no. 133 of 2022 (pending as connected criminal case no. 15720 of 2022 before the Judicial Magistrate, Court no. 24) under Sections 323, 324, 326 and 506 IPC, P.S. Hargaon, District Sitapur, arising from a complaint report dated 20.09.2022 alleging obstruction of the complainant's access to his land and a 27.06.2022 assault on the complainant's son Sanjay Pal with rod, iron pipe, sambal and hammer-handle, causing head injury; medico-legal examination of Sanjay Pal and Ajay Pal had revealed multiple stick injuries, the charge sheet was filed on 20.09.2022 and cognizance taken. The applicant's counsel pleaded false implication on the strength of a date discrepancy: the complaint written on 28.06.2022 described the incident as of 28.06.2022, whereas the injury-report medical examination showing the wounds was conducted on 27.06.2022. Holding: at the threshold stage under Section 482 Cr.P.C. the Court is only to see whether, from the documents on the file and material collected during investigation, a prima facie criminal offence is made out against the accused warranting initiation of proceedings; no mini-trial is called for and the investigating/prosecution agency need not connect the allegations (relying on a Supreme Court decision reported at 2023 SCC OnLine SC 379); the Court enjoys wide discretionary powers and need only ask whether sufficient material exists against the accusee to sustain the prosecution. Outcome: the prayer-petition was disposed of, with the direction that if the applicant appears before the trial court and lodges a bail application/furnishes personal bond, he shall be released on bail expeditiously in accordance with the legal requirements laid down in Satender Kumar Antal, (2021) 10 SCC 773.