Upendra Singh And 5 Others v. State Of U.P. Thru. Prin. Secy. Deptt

Heard Sri Ankit Dubey, Advocate holding brief of Sri Amar Nath Dubey, the learned counsel for the applicants as well as Sri Avishesh Kumar Singh, the learned A.G.A. and perused the record.

Present petition under Section 482 Cr.P.C./Section 528 BNSS has been filed seeking quashing of the impugned charge sheet dated 22.06.2020, summoning order dated 20.05.2021 along with entire proceedings of Criminal Misc. Case No.6459 of 2020, arising out of Case Crime No.758 of 2019, under Sections 147, 148, 452, 323, 506 I.P.C. Police Station Lalganj, District Pratapgarh, pending in the Court of learned Additional Chief Judicial Magistrate, Court No.13, Pratapgarh. The learned counsel for the applicants submitted that the applicants are innocent and they have been falsely implicated in the present case.

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 applicant 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 applicant 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 is 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 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.