Allahabad High Court
SHESH NARAYAN TIWARI AND 3 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The High Court held that there were no sufficient grounds to quash the charge‑sheet, cognizance order, or the criminal proceedings, and therefore dismissed the application.
Summary
The applicants, Shesh Narayan Tiwari and three others, filed an application under Section 528 of the Criminal Procedure Code seeking to quash the charge-sheet dated 04‑02‑2024, the cognizance and summoning order dated 30‑07‑2024, and the entire criminal proceedings (Case No. 223 of 2024) relating to offences under Sections 323, 504 and 325 of the Indian Penal Code. The High Court examined the record and found no substantive ground to interfere with the charge-sheet, the cognizance order, or the ongoing trial. Consequently, the court refused the prayer for quashing the proceedings. The court, however, directed that the applicants may surrender within 15 days and apply for bail, which would be considered expeditiously, citing the precedent of Satender Kumar Antil v. CBI. It also ordered that no coercive action be taken against the applicants during the 15‑day period.
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 are entitled to any relief pending surrender and bail application.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Indian Penal Code — s. 323, 325, 504
Subjects
- Section 528 CrPC
- quash of charge sheet
- IPC offences
- bail application
- court direction
- coercive action
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 17201 of 2026
Shesh Narayan Tiwari And 3 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Kripa Shanker Mishra
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 04.02.2024, cognizance/summoning order
dated 30.07.2024 and the entire proceeding of Case No.223 of
2024 (State Vs. Shesh Narayan Tiwari and Others) under sections
323, 504, 325 IPC, arising out of Case Crime No.23 of 2024, P.S.
Sujanganj, District- Jaunpur, pending in the court of learned
Judicial Magistrate (Crime Against Women), Jaunpur.
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. 17201 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 5, 2026
Saif
(Saurabh Srivastava,J.)
Digitally signed by :-
SHAIKH SAIF ABDIN
High Court of Judicature at Allahabad
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