Rajendra Prasad and 3 Others Vs State of U.P. Thru. Its Prin. Secy. Deptt. of Home Lko. and Another — Allahabad HC (2025) — LawSathi Research

Rajendra Prasad and 3 Others Vs State of U.P. Thru. Its Prin. Secy. Deptt. of Home Lko. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Applicants permitted to surrender and file bail applications; any such bail application to be considered and decided expeditiously in accordance with law, including the law laid down in Satender Kumar Antil v. C.B.I.

Issue for consideration

Whether the charge sheet dated 03.09.2024 and the summoning order dated 03.12.2024 passed by the Chief Judicial Magistrate/FTC, Shrawasti in Case No. 6935 of 2024 (arising out of Case Crime No. 235 of 2024, Sections 115(2), 352, 351(3) BNS) should be quashed under Section 482 Cr.P.C. +1 more

Court's answer

The application was not pressed on merits; the applicants' counsel confined the prayer to permission to surrender and move a bail application before the court concerned, with suitable directions that it be heard and decided expeditiously.

Ratio / Principle

The Court disposed of the application with the observation that if the applicants appear and file bail applications, these shall be considered and decided expeditiously in accordance with law, including the law laid down in Satender Kumar Antil v. C.B.I.

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Subhash Vidyarthi J. (Order dated 3.7.2025): Application U/S 528 BNSS No. 601 of 2025 by Rajendra Prasad and 3 others sought quashing under Section 482 Cr.P.C. of the charge sheet dated 03.09.2024 and the summoning order dated 03.12.2024 passed by the Chief Judicial Magistrate/FTC, District Shrawasti in Case No. 6935 of 2024 arising out of Case Crime No. 235 of 2024 under Sections 115(2), 352, 351(3) BNS, Police Station Ikauna. Invoking the limited scope of inherent-powers jurisdiction as held in C.B.I. v. Aryan Singh (2023 SCC Online SC 379), the applicants' counsel did not press the application on merits and confined the prayer to surrender and bail. The application was disposed of with the direction that any bail application filed on appearance/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.

Neutral Citation No. - 2025:AHC-LKO:37654

Court No. - 15

Case :- APPLICATION U/S 528 BNSS No. - 601 of 2025

Applicant :- Rajendra Prasad And 3 Others Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Deptt. Of Home Lko. And Another

Counsel for Applicant :- Rakesh Kumar Saini Counsel for Opposite Party :- G.A.

Hon'ble Subhash Vidyarthi,J.

Heard Sri Rakesh Kumar Saini, the learned counsel for the applicants as well as Sri Ashok Kumar 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 impugned charge sheet dated 03.09.2024 as well as the summoning order dated 03.12.2024 passed by the Court of Chief Judicial Magistrate/FTC, District- Shrawasti in Case NO. 6935 of 2024 arising out of Case Crime No. 235 of 2024, under Sections 115(2), 352, 351(3) BNS Police Station Ikauna, District Shrawasti.

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 applicants 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 :- 3.7.2025 -Amit K-

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