Disposed

Narayan Datt Tiwari v. State of U.P. Thru. Its Prin. Secy. Home Deptt. Lko. and Another

Allahabad HC19 Jun 2025A482/5184/2025

Case brief

AI extract

What is this about?

Application under Section 482 CrPC seeking quashing of a non-bailable warrant and charge sheet based on allegations of false implication and lack of medical corroboration. The Court relied on State of Haryana vs. Bhajan Lal, issued notice to the State, stayed proceedings, and directed listing in September 2025.

What did the court decide?

Stayed proceedings qua the applicant; notice issued to opposite party no.2.

Narayan Datt Tiwari vs State of U.P. Thru. Its Prin… — Quashing and FIR | Allahabad HC (2025)

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Court No. - 11

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Case :- APPLICATION U/S 482 No. - 5184 of 2025

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Applicant :- Narayan Datt Tiwari Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Rajendra Prasad Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Singh,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record.

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The instant application is filed for quashing the non-bailable warrant issued on 11.11.2024 as well as cognizance order dated 20.02.2018 and charge sheet datd 05.02.2018 arising out of Criminal Case No.949 of 2018 (State Vs. Satya Ram Tiwari & others), Case Crime No.1009/2017, under Sections 147, 308, 323, 325, 504, 506 I.PC., Police Station- Rehra Bazar, DistrictBalrampur, passed by learned Chief Judicial MagistrateBalrampur.

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Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. He also submits that father of the applicant contested the election of Village Pradhan, but the rival tried to withdraw his nomination, but he denied, as a result they were annoyed. The said election was lost by the father of applicant and after winning the election the rivals misused the position and lodged the FIR in question on the basis of fabricated facts. He also submits that on the date of incident the applicant was at Lucknow and relevant materials with regard to the same were also given to the Investigating Officer, but ignoring all these evidences charge sheet was submitted. He further submits that medicolegal report does not corroborate with the offences alleged by the Investigating Officer. He also relied upon the decision of the

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Hon'ble Apex Court in the case of State of Haryana Vs. Bhajan Lal, 1992 SCC (Crl.) 426 and requested that the prosecution in question is malicious one and, therefore, indulgence of this Court is required in the matter.

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Learned A.G.A. vehemently opposes the prayer of the applicant and submits that after duly investigation the charge sheet has been filed, but he does not dispute the fact that no abnormality is found in the x-ray report.

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Considering the submissions of learned counsel for the applicant as well as learned A.G.A. and going through the contents of the petition as well as other relevant materials including the x-ray report in which no such injury is found, but the charge sheet has been submitted completely denying the allegations, therefore, this Court is of the view that the matter requires consideration.

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Accordingly, issue notice to the opposite party no.2. Steps in this regard be taken within seven working days.

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List in the month of September, 2025.

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Until further order of this Court, the impugned proceedings shall remain stayed qua the applicant.

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Order Date :- 19.6.2025 Anand/-

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Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench

Narayan Datt Tiwari v. State of U.P. Thru. Its Prin. Secy. Home Deptt. Lko. and Another

Case brief

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Narayan Datt Tiwari v. State of U.P. Thru. Its Prin. Secy. Home Deptt. Lko. and Another

Case brief

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