Shiva Singh @ Shivendra Singh Vs State of U.P. Thru. Prin. Secy. Home U.P. Lko. and Another — Allahabad HC (2025) — LawSathi Research

Shiva Singh @ Shivendra Singh Vs State of U.P. Thru. Prin. Secy. Home U.P. Lko. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Applicant permitted to appear/surrender and file an application for his release on bail before the court concerned; the bail application shall be considered and decided expeditiously in accordance with law, including the law laid down in Satender Kumar Antil v. C.B.I., (2021) 10 SCC 773.

Issue for consideration

Whether the entire criminal proceedings of Session Case No. 412 of 2023, arising out of Case Crime No. 88 of 2024, under Sections 67 of I.T. Act and Section 3(1)(s) of SC/ST Act at Police Station Gosaiganj, District Lucknow, sought to be quashed by the applicants through an application under Section 482 Cr.P.C., should be quashed. +1 more

Court's answer

Confronted with the Supreme Court's position on the limited scope of Section 482 jurisdiction, and accepting the applicant's confined prayer (withdrawal on merits, liberty to surrender and seek bail), the Court disposed of the instant application without adjudication of the merits of the quashing claim.

Ratio / Principle

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 Supreme Court in Satender Kumar Antil v. C.B.I., (2021) 10 SCC 773.

Detailed headnote1 paragraphs

Section 482 Cr.P.C. application (APPLICATION U/S 482 No. 5515 of 2025) by applicant Shiva Singh @ Shivendra Singh (counsel Shresth Agarwal, Azad Singh) before the Hon'ble Subhash Vidyarthi, J., Court No. 15, High Court of Judicature at Allahabad, Lucknow Bench, seeking quashing of the entire criminal proceedings of Session Case No. 412 of 2023, arising out of Case Crime No. 88 of 2024, under Sections 67 of I.T. Act and Section 3(1)(s) of SC/ST Act at Police Station Gosaiganj, District Lucknow. Invoking the Hon'ble Supreme Court's holding in C.B.I. v. Aryan Singh, 2023 SCC Online SC 379 (Section 482 jurisdiction is very limited; no mini trial; prosecution need not prove allegations), the applicant did not press the application on merit and confined his prayer to being permitted to surrender and move a release-on-bail application before the court concerned. Accordingly, on 8.7.2025 the application was disposed of with the direction that if the applicant appears and files a bail application, it 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. Opposite Parties: State of U.P. thru. Prin. Secy. Home and another (A.G.A. Sri Ashok Srivastava / G.A.).

Neutral Citation No. - 2025:AHC-LKO:38800

Court No. - 15

Case :- APPLICATION U/S 482 No. - 5515 of 2025

Applicant :- Shiva Singh @ Shivendra Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And Another Counsel for Applicant :- Shresth Agarwal,Azad Singh Counsel for Opposite Party :- G.A.

Hon'ble Subhash Vidyarthi,J.

Heard Sri Shresth Agarwal, the learned counsel for the applicants as well as Sri Ashok Srivastava, the learned A.G.A. and perused the record.

By means of the present application under Section 482 Cr.P.C. the applicants have sought quashing of the entire criminal proceedings of Session Case No. 412 of 2023 arising out of Case Crime No. 88 of 2024, under Sections 67 of I.T. Act and Section 3(1)(s) of SC/ST Act at Police Station Gosaiganj, District Lucknow.

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.

The Hon'ble Supreme Court in C.B.I. v. Aryan Singh, 2023 SCC Online SC 379 holds 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 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".

Confronted with the aforesaid legal position, 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.

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.

(Subhash Vidyarthi,J.)

Order Date :- 8.7.2025 -Amit K-

Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench