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2026 DAILYLAW 3401 (ALL)

AKASH TIWARI v. STATE OF U.P. AND ANOTHER

NA528/16156/2026 · 2026-05-05

Nand Prabha Shukla

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 16156 of 2026 Court No. - 78 HON'BLE NAND PRABHA SHUKLA, J. 1. Heard Mr. Santosh Kumar Shukla, learned counsel for the applicant, Mr. Lokesh Shukla, holding brief of Mr. Tarun Jha, learned counsel for the opposite party No. 2, learned A.G.A. for the State and perused the record. 2. The present application under Section 528 BNSS has been filed with a prayer to allow this application and quash the entire proceeding of the Criminal Case No. 33 of 2026 (State Vs. Akash Tiwari and others) in Case Crime No. 19 of 2025 under Sections 85, 115(2), 352, 351 (2) B.N.S. (Corresponding Sections 498A, 323, 504, 506 I.P.C.) and 3/4 Dowry Prohibition Act, Police Station-Mahila Thana, District-Jalaun and to quash the cognizance order dated 12.02.2026 passed by Civil Judge (Junior Division)/F.T.C. (Crime Against Women) Jalaun at Orai, in the above mentioned case and to quash the entire proceeding of charge sheet dated 30.12.2025 submitted by the Investigating Officer of the aforesaid Criminal Case. 3. From the perusal of the material on record and looking into the facts of the case, at this stage, it cannot be said that no offence is made out against the applicant. All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court. Only in cases where the Court finds that there has been failure of justice or abuse of procedure, this power may be exercised to prevent the abuse of process to secure the ends of justice. 4. Accordingly, prayer for quashing is declined. 5. In case, the applicant is not on bail, it is directed that if the applicant appears or surrenders through counsel before the Trial Court and makes an Versus Counsel for Applicant(s) : Santosh Kumar Shukla, Sushil Kumar Counsel for Opposite Party(s) : G.A., Tarun Jha Akash Tiwari .....Applicant(s) State of U.P. and Another .....Opposite Party(s) application for bail within 45 days from the date of the order, the same shall be considered and disposed of expeditiously, after giving opportunity to the other side. 6. 6. However, in the interest of justice, it is further provided that in case the applicant moves an application for discharge at an appropriate stage through counsel within 45 days, the same shall be disposed of by the Trial Court by a reasoned and speaking order in accordance with law within two weeks thereafter. 7. For a period of 45 days or till the disposal of the discharge application, whichever is earlier, no coercive measures shall be taken against the applicant in the aforesaid case. 8. With the aforesaid direction, this application is disposed of. May 6, 2026 Shivani Sri. NA528 No. 16156 of 2026 2 (Nand Prabha Shukla,J.) Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad