SHASHI PRAKASH @ VINEET KUMAR TIWARI AND 3 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/40427/2026 · 2026-09-22
Deepak Verma
body2026
DailyLaw.ai
[ 2026 DAILYLAW 9097 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 9097 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 40427 of 2026 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 Versus Counsel for Applicant(s) : Santosh Kumar Pandey, Shalini Sharma Counsel for Opposite Party(s) : G.A. Shashi Prakash @ Vineet Kumar Tiwari And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
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 NA528 No. 40427 of 2026 2 (Deepak Verma,J.) Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad