Allahabad High Court
AKASH TIWARIversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The High Court held that the application for quashing under Section 528 CrPC was untenable as no sufficient ground for interference existed, and therefore refused to set aside the charge-sheet or the proceedings.
Summary
The applicant, Akash Tiwari, filed an application under Section 528 of the Criminal Procedure Code seeking to quash the charge-sheet dated 06-11-2025, the cognizance and summoning order dated 03-12-2025, and the entire criminal proceedings in Criminal Case No.434 of 2025. The High Court examined the FIR, the impugned order and the charge-sheet and found no sufficient ground for interference or for setting aside the proceedings. Consequently, the court refused the prayer for quashing. The court, however, directed that if the applicant surrenders within three weeks and applies for bail, his bail application shall be considered expeditiously, citing Satender Kumar Antil v. CBI. Until the surrender, no coercive action shall be taken against the applicant. The application was therefore dismissed with the surrender‑bail direction.
Issues considered
- Whether the charge-sheet and cognizance order can be quashed under Section 528 CrPC.
- Whether any ground exists for High Court interference in the criminal proceedings.
- Whether the applicant may be directed to surrender and apply for bail pending the disposal of the case.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Indian Penal Code — s. 115(2), 118(1), 351(3), 352
Subjects
- Section 528 CrPC
- quashing of FIR
- charge-sheet
- bail
- surrender
- High Court
- Criminal Procedure
- IPC sections 115, 118, 352, 351
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 39596 of 2026
Akash Tiwari
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Kanhaiya Lal Tiwari
Counsel for Opposite Party(s) : G.A.
Court No. - 79
HON'BLE SAURABH SRIVASTAVA, J.
1. Heard learned counsel for the applicant and learned A.G.A. for the
State.
2. The present application has been filed for seeking quashing of charge-
sheet dated 06.11.2025 along with cognizance/summoning order dated
03.12.2025 and the entire proceeding of Criminal Case No.434 of 2025
(State Vs. Akash Tiwari and others) arising out of Case Crime No.267 of
2025, under sections 115(2), 118(1), 352, 351(3) BNS, P.S. Haraiyya,
District Basti, pending in the court of learned Additional Chief Judicial
Magistrate First, Court No.09, Basti.
3. On perusal of the narration of FIR as well as impugned order and
charge-sheet, 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 order along with
charge-sheet 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 applicant submitted that liberty may be
granted to applicant to surrender before the court concerned and apply for
bail to which learned AGA has no objection.
6. In view of the aforesaid, the instant application is finally disposed of
NA528 No. 39596 of 2026
2
with a direction to the court concerned that in case, the applicant
surrenders before the court concerned within a period of three weeks from
today and apply for bail, his 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 three weeks from today, no coercive
action shall be taken against applicant herein in pursuance of aforesaid
case.
September 18, 2026
Ashish/-
(Saurabh Srivastava,J.)
Digitally signed by :-
ASHISH KUMAR SINGH
High Court of Judicature at Allahabad
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