Allahabad High Court
SHASHI PRAKASH @ VINEET KUMAR TIWARI AND 3 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- DEEPAK VERMA
Holding
The application to quash the summons and non‑bailable warrant is refused; the warrant is kept in abeyance for three weeks pending the applicants' surrender, and any bail application must be disposed of expeditiously.
Summary
The applicants filed an application under Section 528 of the B.N.S.S. seeking to quash a summoning order dated 18‑08‑2023 and a non‑bailable warrant dated 24‑04‑2026 issued by the Judicial Magistrate, Ghatampur, in a criminal case under IPC sections 323 and 504. The applicants later limited their prayer to a direction for protection to enable them to surrender before the lower court and for an expeditious disposal of any bail application. The Additional Government Advocate for the State expressed no objection to a short‑term protection if the applicants surrendered. The High Court refused the prayer to quash the warrant but ordered the applicants to surrender within three weeks, directing that the warrant be kept in abeyance during that period and that any bail application be decided promptly in line with the Supreme Court’s guidelines in Satender Kumar Antil v. CBI. The application under Section 528 was therefore disposed of.
Issues considered
- Whether the High Court can quash the summoning order and non‑bailable warrant issued under Section 528 B.N.S.S.
- Whether the court may grant temporary protection to the applicants to enable surrender before the lower court
- Whether the warrant should be kept in abeyance pending surrender and bail proceedings
Legislation cited
- B.N.S.S. — s. 528
- Indian Penal Code — s. 323, 504
Subjects
- Section 528
- B.N.S.S.
- non‑bailable warrant
- surrender
- abeyance
- bail application
- expeditious disposal
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 40427 of 2026
Shashi Prakash @ Vineet Kumar Tiwari
And 3 Others .....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Santosh Kumar Pandey,
Shalini Sharma
Counsel for Opposite Party(s) : G.A.
Court No. - 74
HON'BLE DEEPAK VERMA, J.
1. Heard learned counsel for the applicants, learned Additional
Government Advocate for the State of U.P./opposite party no.1
and perused the record.
2. This application under Section 528 B.N.S.S. has been filed
by the applicant to quash the summoning order dated
18.08.2023 passed by learned Judicial Magistrate, Ghatampur,
Kanpur Dehat, non-bailable warrant order dated 24.04.2026 as
well as entire proceedings of Case No.650 of 2021 (State vs.
Shashi Prakash @ Vineet Kumar Tiwari and others) arising out
of Case Crime No.945 of 2019, under Sections 323, 504 I.P.C.,
P.S. Ghatampur, District Kanpur Nagar, pending before
learned Judicial Magistrate, Ghatampur, Kanpur Dehat.
3. At the outset learned counsel for the applicants gave up his
challenge to the aforesaid non-bailable warrant and criminal
proceedings against the applicant and confined his submission
requesting to grant some protection to the applicants to
surrender before the concerned court below. The learned
counsel for the applicants further stated at the Bar that he is not
pressing any other prayer made in this application on merits
NA528 No. 40427 of 2026
2
and prayed that a direction may be issued to the concerned
courts below to consider and decide the bail application of the
applicants expeditiously.
4. Learned A.G.A. for the State of U.P. submits that in case the
applicants are not pressing the relief as sought for by them on
merits and want to surrender before the concerned court below,
he has no objection if the Court grants protection to them for a
short period.
5. In view of the above, the relief as sought by the applicants in
the instant application is refused.
6. However considering the aforesaid alternative prayer made
by learned counsel for the applicants, it is directed that the
applicants shall surrender before the concerned court below
within three weeks from today and in case they apply for bail,
the bail application of the applicants shall be disposed of
expeditiously by the courts below in accordance with law and
keeping in view the guidelines as laid down by the Apex Court
in the case of Satender Kumar Antil vs. Central Bureau of
Investigation and another, reported in 2021 SCC Online SC
922.
7. For the period of three weeks from today or till the time of
surrender of the applicants before the concerned Court below,
whichever is earlier, non-bailable warrant dated 24.04.2026
shall be kept in abeyance.
8. With the above observations and directions, this application
under Section 528 B.N.S.S. is disposed of.
September 23, 2026
SKD
(Deepak Verma,J.)
Digitally signed by :-
SURJIT KUMAR DEY
High Court of Judicature at Allahabad
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