Chhotu @ Shiva and 3 Others vs State of U.P. Thru. Prin. Secy. Home Lko. and Another — Allahabad HC (2026) — LawSathi Research

Chhotu @ Shiva and 3 Others vs State of U.P. Thru. Prin. Secy. Home Lko. and Another — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Applicants permitted to appear/surrender before the court concerned and file applications for release on bail; such applications to 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 charge sheet dated 03.02.2026 and the summoning order dated 19.03.2026 passed by the Judicial Magistrate, Safipur, Unnao in Crl. Case No.746 of 2026 (arising out of Case Crime No. 495 of 2025) should be quashed under Section 482 Cr.P.C. +1 more

Court's answer

The instant application was disposed of with the direction that if the applicants appear and file applications for release on bail, those applications shall be considered and decided expeditiously in accordance with law, including the law laid down in Satender Kumar Antil v. C.B.I.

Ratio / Principle

The quashing prayer was not pressed on merits; the applicants' counsel confined the prayer to permission to surrender and move a bail application before the court concerned, so the charge sheet dated 03.02.2026 and summoning order dated 19.03.2026 were not adjudicated on merits by this Court.

Key takeaways

Restating C.B.I. v. Aryan Singh, 2023 SCC Online SC 379, the Court observed that while exercising powers under Section 482 Cr.P.C. it is not required to conduct a mini trial, the prosecution/investigating agency is not required to prove the allegations, and the Court has very limited jurisdiction confined to considering whether sufficient material is available to proceed further against the accused.obiter¶11

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Subhash Vidyarthi, J. — Application U/S 528 BNSS No. 1397 of 2026 (described in the body as under Section 482 Cr.P.C.) by Chhotu @ Shiva and 3 others seeking quashing of the charge sheet dated 03.02.2026 and summoning order dated 19.03.2026 passed by the Judicial Magistrate, Safipur, Unnao in Crl. Case No.746 of 2026, arising out of Case Crime No. 495 of 2025 under Sections 110, 115(2), 352, 351(3), 3(5) BNS, P.S. Fatehpur-84, Unnao. The Court noted, relying on C.B.I. v. Aryan Singh, 2023 SCC Online SC 379, that Section 482 Cr.P.C. jurisdiction is very limited and does not involve a mini trial; confronted with this position, counsel did not press the application on merits. Application disposed of with liberty to the applicants to surrender and apply for bail, such applications to be decided expeditiously in accordance with law, including Satender Kumar Antil v. C.B.I., (2021) 10 SCC 773. The merits of the quashing prayer were not adjudicated.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

APPLICATION U/S 528 BNSS No. - 1397 of 2026

Chhotu @ Shiva And 3 Others

.....Applicant(s) Versus

State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) Counsel for Applicant(s) : Pradyumn Shukla Counsel for Opposite Party(s) : G.A.

Court No. - 14

HON'BLE SUBHASH VIDYARTHI, J.

Heard Sri Pradyumn Shukla, the learned counsel for the applicants as well as Sri Bhaskar Mal, 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 03.02.2026 as well as the summoning order dated 19.03.2026 passed by the Court of Judicial Magistrate, Safipur, Unnao in Crl. Case No.746 of 2026 arising out of Case Crime No. 495 of 2025, under Sections 110, 115(2), 352, 351(3), 3(5) BNS at Police Station Fatehpur-84, 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

NA528 No. 1397 of 2026

2

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 appear and file an application for their 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.

April 9, 2026 -Amit K-

(Subhash Vidyarthi,J.)

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