Jalal And 3 Others v. State Of U.P. Thru. Prin. Secy. Home Lko

Heard Sri Dilip Mishra, the learned counsel for the applicants, Sri Manish Kumar Pandey, the learned A.G.A.-I and perused the record.

By means of the instant application filed under Section 482 Cr.P.C, the applicants has sought quashing of the summoning order dated 21.07.2023 and Charge sheet No. 338 of 2022 dated 29.07.2022 arising out of Case Crime No.442 of 2022, under Sections 323, 504, 506, 308 I.P.C, Police Station Kotwali City, District Pratapgarh in Case No. 12018 of 2023 titled as "State Vs. Jalal and others", which is pending in the court of learned Judicial Magistrate, Room No. 24, Pratapgarh.

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 CrPC 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 objection, the learned counsel for the applicants submits that he does not want to press this application on merit and he confines his prayer only to the extent that applicants 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.