BRIJESH TIWARI @ BRIJESH KUMAR TIWARI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
A482/6392/2025 · 2025-08-07
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 155922 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 155922 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:46114 Court No. - 14 Case :- APPLICATION U/S 482 No. - 6392 of 2025 Applicant :- Brijesh Tiwari @ Brijesh Kumar Tiwari Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Daya Shankar Tiwari,Aditya Pandey,Manju Sonkar Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
2. Instant application under Section 482 Cr.P.C./ 528 B.N.S.S. has been filed with the following relief:-
"1. To quash the every proceeding arising out of the Charge Sheet dated 24/08/2023 in Case No.352 of 2025, Crime No 0128 of 2022, U/s- 135- 1(a) Electricity Act, Police station- Anti Power Theft, Bahraich, District Bahraich, Pending in the Court of IVth Addl. Session Judge/Special Judge (E.C. Act), Bahraich, State Vs. Brijesh Tiwari, as contained in Annexure No.1 to the quash petition."
3. It is further submitted that non-appearance before the court below is not deliberate but it had happened due to unavoidable circumstances. Learned counsel for the applicant submits that the applicant undertakes that he will not further jump the conditions of bail and will remain present on each and every date fixed by the court below.
4. Learned counsel further undertakes that the applicant will appear before the court below within a period of two weeks and apply for bail.
5. In view of the aforesaid submissions, for the period of 15 days, non bailable warrant issued against the applicant shall remain stayed.
6. However, if the applicant does not appear before the court below within the aforesaid period, this order shall stand revoked and no benefit of this order shall accrue to him.
7. The application is disposed off. Order Date :- 7.8.2025 Mohd. Sharif Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench