Allahabad High Court
LAVI TYAGI @ AKASH TYAGI AND ANOTHERversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The High Court dismissed the application and refused to quash the charge‑sheet and the proceedings.
Summary
The applicants, Lavi Tyagi and another, filed an application under Section 528 of the CrPC seeking to quash the charge‑sheet dated 06‑03‑2025, the cognizance and summoning order dated 18‑06‑2025, and the entire criminal proceedings in Case No. 297 of 2025 arising from Crime No. 36 of 2025. The High Court examined the record and found no ground for interference with the charge‑sheet or the proceedings. Consequently, the court refused the prayer to set aside the charge‑sheet and the proceedings. The court, however, directed that the applicants may surrender within 15 days and apply for bail, which shall be decided expeditiously, citing Satender Kumar Antil v. CBI (2021 10 SCC 773). It also ordered that no coercive action be taken against the applicants during the 15‑day period. The application was therefore dismissed.
Issues considered
- Whether the High Court can quash the charge‑sheet, cognizance order and the entire criminal proceedings under Section 528 CrPC.
- Whether the applicants have demonstrated any ground for interference with the proceedings.
- Whether the applicants may be permitted to surrender and seek bail pending the disposal of the application.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 126(2), 351(2), 352, 528, 74, 78
Subjects
- Section 528 CrPC
- quashing of charge‑sheet
- bail
- criminal procedure
- application dismissed
- surrender
- expeditious bail hearing
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 16163 of 2026
Lavi Tyagi @ Akash Tyagi And Another
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Jitendra Kumar
Counsel for Opposite Party(s) : G.A.
Court No. - 77
HON'BLE SAURABH SRIVASTAVA, J.
1. Heard learned counsel for the applicants and learned AGA for
the State.
2. The instant application has been preferred for seeking quashing
of charge-sheet dated 06.03.2025, cognizance/summoning order
dated 18.06.2025 and the entire proceeding of Case No.297 of
2025, under sections 126(2), 74, 78, 352, 351(2) BNS against
applicant no.1 and under sections 126(2), 78, 352, 351(2) BNS
against applicant no.2, arising out of Case Crime No.36 of 2025,
P.S. Madhuban Bapudham, District- Ghaziabad, pending in the
court of learned ACJM- 4, Ghaziabad.
3. On perusal of entire record appended with the instant
application, this Court does not find it to be a case where
interference of this Court is required. No such ground appears to
be available in the present application, on the basis of which,
impugned charge-sheet, cognizance/summoning order and entire
criminal proceedings of the said case, can be set aside.
4. Accordingly, the prayer sought through the instant application,
is refused.
5. Lastly, learned counsel for applicants submitted that liberty
may be granted to applicants to surrender before the court
concerned and apply for bail to which learned AGA has no
objection.
NA528 No. 16163 of 2026
2
6. In view of the aforesaid, the instant application is finally
disposed of with a direction to the court concerned that in case,
the applicants surrender before the court concerned within a
period of 15 days from today and apply for bail, their bail
application shall be considered and decided expeditiously in
accordance with law laid down in the case of Satender Kumar
Antil Vs. C.B.I. and Another, reported in 2021 (10) SCC 773.
7. However, it is made clear that till 15 days from today, no
coercive action shall be taken against applicants herein in
pursuance of aforesaid case.
May 6, 2026
Saif
(Saurabh Srivastava,J.)
Digitally signed by :-
SHAIKH SAIF ABDIN
High Court of Judicature at Allahabad
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