Disposed¶12

Ajaz Ahmad and Another v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Allahabad HC8 Jul 2025A482/5528/2025

Case brief

AI extract

What is this about?

Section 482 CrPC quashing application; charge sheet 23.12.2022; summoning order 19.02.2024; Chief Judicial Magistrate Shrawasti; Case No. 1660 of 2024; Case Crime No. 623 of 2022; Sections 420, 406, 323, 504, 506 IPC; P.S. Bhinga; no mini-trial doctrine; C.B.I. v. Aryan Singh 2023 SCC Online SC 379; Satender Kumar Antil v. C.B.I. (2021) 10 SCC 773; surrender and expedited bail direction; application disposed of; Lucknow Bench; Subhash Vidyarthi J.

What did the court decide?

Applicants permitted to surrender and move a bail application before the concerned court; such bail application to be heard and decided expeditiously in accordance with law, including the law laid down in Satender Kumar Antil v. C.B.I., (2021) 10 SCC 773. ¶12

Ajaz Ahmad and Another Vs State of U.P. Thru. Prin… — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the charge sheet dated 23.12.2022 and the summoning order dated 19.02.2024 passed by the Chief Judicial Magistrate, Shrawasti in Case No. 1660 of 2024 (arising out of Case Crime No. 623 of 2022, Sections 420, 406, 323, 504, 506 I.P.C., P.S. Bhinga) should be quashed under Section 482 Cr.P.C. +1 more

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Court's answer

With counsel not pressing the application on merits and confining the prayer to surrender and bail, the application under Section 482 Cr.P.C. is disposed of with the observation that if the applicant appears and files an application for release on bail, it 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.

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Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Lucknow Bench), Subhash Vidyarthi, J. — Application U/S 482 No. 5528 of 2025 (decided 8.7.2025) — Ajaz Ahmad and another sought quashing under Section 482 Cr.P.C. of the charge sheet dated 23.12.2022 and summoning order dated 19.02.2024 passed by the Chief Judicial Magistrate, Shrawasti in Case No. 1660 of 2024 arising out of Case Crime No. 623 of 2022 under Sections 420, 406, 323, 504, 506 I.P.C., P.S. Bhinga. Invoking C.B.I. v. Aryan Singh, 2023 SCC Online SC 379 (Section 482 powers involve very limited jurisdiction; no mini trial), the A.G.A. opposed quashing, whereupon counsel did not press the application on merits and confined the prayer to surrender and bail. The application was disposed of with a direction that any bail application filed on surrender 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.

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Neutral Citation No. - 2025:AHC-LKO:38804

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Court No. - 15

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Case :- APPLICATION U/S 482 No. - 5528 of 2025

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Applicant :- Ajaz Ahmad And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Santosh Kumar Dubey,Pooja Devi Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Santosh Kumar Dubey, the learned counsel for the applicants as well as Sri Hans Raj Verma, the learned A.G.A. and perused the record.

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By means of the present application under Section 482 Cr.P.C. the applicants have sought quashing of the impugned charge sheet dated 23.12.2022 as well as the summoning order dated 19.02.2024 passed by the Court of Chief Judicial Magistrate, Shrawasti in Case NO. 1660 of 2024 arising out of Case Crime No. 623 of 2022, under Sections 420, 406, 323, 504, 506 I.P.C. Police Station Bhinga, District Shrawasti.

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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 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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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

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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 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.

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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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(Subhash Vidyarthi,J.)

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Order Date :- 8.7.2025 -Amit K-

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

Ajaz Ahmad and Another v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

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Ajaz Ahmad and Another v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Case brief

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