Research › Search › Judgment

High Court of Uttarakhand · body

2026 DAILYLAW 3393 (UTT)

AKASH TIWARI v. STATE OF UTTARAKHAND

C528/744/2026 · 2026-04-20

Alok Mahra

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2026:UHC:2865 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS C528 No.744 of 2026 Hon’ble Alok Mahra, J. Mrs. Rajni Supyal Latwal, Advocate for the applicant. Mr. V.S. Pal, A.G.A. for the State of Uttarakhand. 2. The present application has been filed by the applicant seeking quashing of the charge sheet dated 12.12.2022, summoning order dated 05.06.2023 as well as the entire proceedings of Criminal Case No.1530 of 2023, pending before the Court of the learned Chief Judicial Magistrate, Rudrapur, District Udham Singh Nagar. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. It is contended that the CCTV footage relied upon by the prosecution does not clearly identify the applicant and that the applicant has been implicated merely on account of being an employee of co-accused Deepak, who has already been granted bail. It is further submitted that there is no motive attributed to the applicant for committing the alleged offence. 4. Having considered the submissions advanced and perused the material available on record, this Court is not inclined to exercise its inherent jurisdiction under Section 528 BNSS, 2023 for quashing of the proceedings. At this stage, a prima facie case is required to be seen, and a meticulous examination of evidence or its sufficiency is not warranted. The contentions raised by the applicant pertain to disputed questions of fact, including the authenticity and evidentiary value of the CCTV footage and the role attributed to the applicant, 2026:UHC:2865 which cannot be adjudicated in proceedings under Section 528 BNSS, 2023. The mere fact that the co-accused has been granted bail does not, by itself, entitle the applicant to seek quashing of the proceedings. The absence of an explicitly stated motive is also not a ground to quash the proceedings when other material collected during investigation discloses prima facie involvement. 5. In view of the above, no interference is called for in the charge sheet, summoning order, or the proceedings of the aforesaid criminal case. The application lacks merit and is, accordingly, dismissed. The applicant shall be at liberty to raise all the pleas and contentions, as raised herein, before the trial Court at the appropriate stage, in accordance with law. (Alok Mahra, J.) 20.04.2026 Arpan ARPAN JAISWAL Digitally signed by ARPAN JAISWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eabb68a3895e41937c266c23964c0485365445e3 a20dddb7393398f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D454C5109 CB987446351E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2026.04.20 16:36:51 +05'30'