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Aadityanand Tiwari and Anr. v. State of U.P. and Anr.

Allahabad HC12 Nov 2025A482/5268/2015

Case brief

AI extract

What is this about?

Section 482 Cr.P.C. quashing application (Allahabad High Court, Lucknow Bench; Rajeev Bharti, J.) against further proceedings of Criminal Case No. 142/2015 / Chargesheet No. Nil/2012 dt. 23.5.2013 arising out of Crime No. NCR 297/2012, Sections 323, 504, 506 I.P.C., P.S. Purwa, District Unnao, and summoning order dt. 9.2.2015 of Judicial Magistrate, Purwa - quashing prayer not pressed; applicants granted liberty to appear and file bail applications within two weeks, to be decided expeditiously per Arnesh Kumar v. State of Bihar (2014) 8 SCC 273; application disposed of.

What did the court decide?

Liberty to the applicants to appear before the trial court within two weeks and file bail applications, which shall be decided expeditiously in view of the law laid down in Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273. ¶15

Aadityanand Tiwari and Anr. Vs State of U.P. and Anr. — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the further proceedings of Criminal Case No. 142/2015 and the summoning order dated 9.2.2015, arising out of Crime No. NCR 297/2012 (Sections 323, 504, 506 I.P.C., Police Station Purwa, District Unnao), should be quashed under Section 482 Cr.P.C. +1 more

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Court's answer

Rather than adjudicating the prayer to quash, the Court provided that if the applicants appear before the trial court within two weeks from that day and file bail applications, the same shall be decided expeditiously in view of the law laid down in Arnesh Kumar (supra); the application was accordingly disposed of.

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Ratio / Principle

The Court proceeded on the footing that the offence is punishable with imprisonment for a term which may be less than seven years, and on that basis directed expeditious decision of the bail applications in accordance with Arnesh Kumar (supra).

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Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Rajeev Bharti, J. - Application U/S 482 No. 5268 of 2015 - Aadityanand Tiwari & Anr. (applicants) v. State of U.P. & Anr. - Application under Section 482 Cr.P.C. to quash the further proceedings of Criminal Case No. 142/2015, initiated in pursuance of Chargesheet No. Nil/2012 dated 23.5.2013 arising out of Crime No. NCR 297/2012 under Sections 323, 504, 506 I.P.C., Police Station Purwa, District Unnao, including the summoning order dated 9.2.2015 of the Judicial Magistrate, Purwa - Counsel for the applicants did not press the quashing prayer and sought liberty to file bail applications before the trial court, the offence being punishable for a term up to seven years - Held: if the applicants appeared before the trial court within two weeks and filed bail applications, the same were to be decided expeditiously in view of Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273 - Application disposed of.

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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APPLICATION U/S 482 No. - 5268 of 2015

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Aadityanand Tiwari And Anr.

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	Versus .....Applicant(s)
State Of U.P. And Anr.	.....Opposite Party(s)
Counsel for Applicant(s) Counsel for Opposite Party(s)	: Prem Shanker Trivedy, Anuj Dayal : Govt. Advocate, Desh Mitra Anand

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Court No. - 23

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HON'BLE RAJEEV BHARTI, J.

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Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record.

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The instant application under Section 482 Cr.P.C has been filed with prayer to quash the further proceedings of Criminal Case No.142/2015, initiated in pursuance of Chargesheet No.Nil/2012 dated 23.5.2013 arising out of Crime No.NCR no.297/2012 under Sections 323, 504, 506 I.P.C.,l Police Station Purwa, District Unnao including summoning order dated 9.2.2015 pending in the court of Judicial Magistrate, Purwa, District Unnao.

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Learned counsel for the applicant submits that the applicant is innocent and he has falsely been implicated in the present case with false and frivolous allegations. He further added that the applicant is not involved in committing the alleged offence as has been mentioned in the first information report.

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At this stage, learned counsel for the applicant submits that he does not want to press the application and seeks liberty to file bail application before the learned trial court which may be decided in view of law laid by Hon'ble Supreme Court's judgment in the case of Arnesh Kumar Vs. State of Bihar reported in (2014) 8 SCC 273 as the offence is punishable for the term upto seven years .

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Learned A.G.A. has no objection to the prayer made by learned counsel for the applicant.

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On due consideration to the submissions of learned counsel for the parties as well as keeping in view that as the offence is punishable with the imprisonment for the term which may be less than seven years, it is provided that if the applicant appears before the trial court within two

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A482 No. 5268 of 2015

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weeks from today and files bail application, the same shall be decided expeditiously in view of law laid down in the case of Arnesh Kumar (supra) .

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The application is disposed of accordingly.

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(Rajeev Bharti,J.)

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November 12, 2025 Shukla

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