Rupak Tiwari Vs the State of U.P. Thru. Prin… — Dowry and Cruelty | Allahabad HC (2025)

Rupak Tiwari Vs the State of U.P. Thru. Prin… — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Liberty to the applicant to file a discharge application in conformity with the provisions of Cr.P.C. within two weeks; direction to the trial court to decide such application within four weeks thereafter in accordance with law; non-bailable warrant issued against the applicant stayed till expiry of six weeks.

Issue for consideration

Whether the impugned Charge Sheet dated 15.10.2025 arising out of FIR/Case Crime No. 0165 of 2025 under sections 85 & 108 BNS, and the Summoning/Cognizance Order dated 17.10.2025 passed by the Special Chief Judicial Magistrate (Custom), Lucknow summoning the applicant as accused, should be quashed. +1 more

Court's answer

The Court granted the applicant liberty to file an application for discharge in conformity with the provisions of Cr.P.C. within a period of two weeks.

Ratio / Principle

If such a discharge application is filed, the trial court is directed to decide it within four weeks thereafter in accordance with law.

Key takeaways

The non-bailable warrant issued against the applicant shall remain stayed till expiry of six weeks.ratio¶18
After counsel for the applicant stated he did not want to press the application, the Court disposed of the application with the aforesaid observations and directions.ratio¶19

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Court No. 16, Hon'ble Brij Raj Singh, J., December 11, 2025 — Application U/S 528 BNSS No. 2091 of 2025 (Rupak Tiwari v. The State of U.P.). The applicant had sought quashing of the Charge Sheet dated 15.10.2025 and the Summoning/Cognizance Order dated 17.10.2025 passed by the learned Special Chief Judicial Magistrate (Custom), Lucknow, whereby he was summoned as accused under sections 85 & 108 BNS arising out of FIR/Case Crime No. 0165 of 2025, along with abeyance of the cognizance/summoning order during pendency. Counsel submitted that the applicant had already been granted bail by the High Court and was facing trial; after arguing at length he elected not to press the application, wishing instead to file a discharge application under the provisions of Cr.P.C., to which the State side had no objection. The Court granted liberty to file the discharge application within two weeks, directed the trial court to decide it within four weeks thereafter in accordance with law, and stayed the non-bailable warrant issued against the applicant till expiry of six weeks; the application stands disposed of.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

APPLICATION U/S 528 BNSS No. - 2091 of 2025

Rupak Tiwari

.....Applicant(s)

Versus

The State Of U.P. Thru. Prin. Secy./Addl. Chief Secy. Home Lko. And Another .....Opposite Party(s) Counsel for Applicant(s) : Praveen Kumar Yadav, Abhishek Tiwari, Atul Krishna, Rishabh Chauhan Counsel for Opposite Party(s) : G.A.

Court No. - 16

HON'BLE BRIJ RAJ SINGH, J.

Heard learned counsel for the applicant as well as learned Additional Government Advocate and perused the record.

This application has been filed with the following main reliefs:

"WHEREFORE, it is most respectfully prayed that this Hon'ble Court may graciously be pleased the impugned Charge Sheet dated 15.10.2025, arising out of under sections 85 & 108 BNS arising out of FIR/Case Crime No.0165 of 2025 and further the Summoning and Cognizance Order dated 17.10.2025 passed by the learned Special Chief Judicial Magistrate (Custom), Lucknow whereby the Applicant has been summoned as accused under sections 85 & 108 BNS may kindly be quashed, in the interest of justice.

It is further prayed that the effect, operation and implementation of the impugned the Cognizance and Summoning Order, dated 17.10.2025, may kindly be kept in abeyance during the pendency of the present application."

Learned counsel for the applicant submits that the applicant has already been granted bail by the High Court and he is facing trial.

After arguing at some length, learned counsel for the applicant submits that he does not want to press this application. However, he submits that since the applicant is facing trial and he is on bail, therefore, he would like to file an application for discharge under the provisions of Cr.P.C., to which

NA528 No. 2091 of 2025

2

learned counsel for the State, does not have any objection.

Accordingly, the applicant is granted liberty to file an application for discharge in conformity with the provisions of Cr.P.C., within a period of two weeks from today. If such an application is filed, trial court is directed to decide the same within a period of four weeks thereafter in accordance with law. Till expiry of six weeks, non bailable warrant issued against the applicant, shall remain stayed.

With the aforesaid observations/directions, this application stands disposed of .

(Brij Raj Singh,J.)

December 11, 2025

Sachin

Digitally signed by :- SACHIN MEHROTRA High Court of Judicature at Allahabad, Lucknow Bench