Smt. Pushpa Devi Shukla and 3 Others Vs State of U.P. Thru. Addl. Chief Secy. Deptt. of Home Affairs U.P. Lko. and 3 Others — Allahabad HC (2025) — LawSathi Research

Smt. Pushpa Devi Shukla and 3 Others Vs State of U.P. Thru. Addl. Chief Secy. Deptt. of Home Affairs U.P. Lko. and 3 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Direction that in case the applicant appears (surrenders) and files an application for release on bail before the court concerned, the same 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; the quashing prayer itself was not pressed on merits.

Issue for consideration

Whether the charge sheet dated 07.03.2025 and the summoning order dated 15.05.2025 in Case Crime No. 53 of 2025 (P.S. Ajgain, District Unnao) should be quashed under Section 482 Cr.P.C./528 BNSS. +1 more

Court's answer

Since the learned counsel for the applicants did not press the application on merits and confined the prayer to being permitted to surrender and move a bail application before the court concerned, the application was disposed of with the observation that in case the applicant appears and files an application for 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

High Court of Judicature at Allahabad, Lucknow Bench (Subhash Vidyarthi, J.; Order Date 22.7.2025; Neutral Citation 2025:AHC-LKO:42064) — Application U/S 528 BNSS No. 795 of 2025. Smt. Pushpa Devi Shukla and 3 others sought quashing, under Section 482 Cr.P.C./Section 528 BNSS, of the charge sheet dated 07.03.2025 and the summoning order dated 15.05.2025 passed by the Chief Judicial Magistrate, Unnao in Case No. 7840 of 2025 arising out of Case Crime No. 53 of 2025, P.S. Ajgain, District Unnao, under Sections 115(2), 125, 352, 351(3) BNS. The Court noted, relying on C.B.I. v. Aryan Singh, 2023 SCC Online SC 379, that in exercising Section 482 powers the Court has very limited jurisdiction, conducts no mini trial, and considers only whether sufficient material exists to try the accused. Confronted with this position, learned counsel for the applicants did not press the application on merits, confining the prayer to surrender and filing of a bail application. The application was accordingly disposed of with the direction that on the applicant's appearance/surrender and filing of a bail application, it 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:42064

Court No. - 15

Case :- APPLICATION U/S 528 BNSS No. - 795 of 2025 Applicant :- Smt. Pushpa Devi Shukla And 3 Others Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Affairs U.P. Lko. And 3 Others

Counsel for Applicant :- Sanjay Kumar Srivastava,Akshat Kumar

Counsel for Opposite Party :- G.A.

Hon'ble Subhash Vidyarthi,J.

Heard Sri Akshat Kumar, the learned counsel for the applicants as well as Sri S.P. Singh, the learned State Counsel. and perused the record.

By means of the present application under Section 482 Cr.P.C./528 BNSS the applicants have sought quashing of the impugned charge sheet dated 07.03.2025 as well as the summoning order dated 15.05.2025 passed by the Court of Ld. Chief Judicial Magistrate, Unnao in Case NO. 7840 of 2025 arising out of Case Crime No. 53 of 2025, under Sections 115(2), 125, 352, 351(3) of BNS Police Station Ajgain, District Unnao.

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 has held 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 :- 22.7.2025 -Amit K-

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