Disposed¶16

Prem Prakash Tiwari and 2 Others v. State of U.P. and Another

Allahabad HC5 Oct 2025NA528/33823/2025

Case brief

AI extract

What is this about?

Allahabad High Court; Section 528 BNSS quashing application; Prem Prakash Tiwari; Case Crime No. 0392 of 2024; Sections 115(2), 352, 351(2) BNS; P.S. Mariyahu, District Jaunpur; charge-sheet dated 27.12.2024; cognizance order dated 15.01.2025; order dated 13.07.2025; Case No. 183 of 2025; A.C.J.M.-Ist Court No.1 Jaunpur; prayer not pressed; discharge application within three weeks; no coercive action till disposal of discharge application; disposed of October 6, 2025; Raj Beer Singh, Judge.

What did the court decide?

Interim protection: no coercive action against the applicants for three weeks and, upon filing of a discharge application within that period, until its disposal, subject to their cooperation; the trial court directed to consider and decide the discharge application expeditiously in accordance with law. ¶16

Prem Prakash Tiwari and 2 Others Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the entire proceedings of Case No. 183 of 2025, including the charge-sheet dated 27.12.2024, cognizance order dated 15.01.2025 and order dated 13.07.2025, should be quashed under Section 528 BNSS. +1 more

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Court's answer

The application under Section 528 BNSS was disposed of with the aforesaid observations, the applicants having not pressed the quashing prayer.

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Ratio / Principle

If the applicants move a discharge application before the trial court within three weeks, it shall be considered and decided expeditiously in accordance with law by the court concerned.

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Key takeaways

If the discharge application is filed within three weeks, no coercive action shall be taken against the applicants till its disposal, provided the applicants cooperate in early disposal of the discharge application.ratio¶15

Detailed headnote1 paragraphs

Application under Section 528 BNSS (No. 33823 of 2025) by Prem Prakash Tiwari and 2 Others before the High Court of Judicature at Allahabad (Raj Beer Singh, J.; decided October 6, 2025) sought quashing of entire proceedings of Case No. 183 of 2025 (State Vs. Prem Prakash Tiwari and Others), arising out of Case Crime No. 0392 of 2024 under Sections 115(2), 352, 351(2) BNS, P.S. Mariyahu, District Jaunpur, including charge-sheet dated 27.12.2024, cognizance order dated 15.01.2025 and order dated 13.07.2025, pending before A.C.J.M.-Ist, Court No.1, Jaunpur. Counsel did not press the quashing prayer and sought liberty to move for discharge with interim protection. The application was disposed of with directions that a discharge application moved within three weeks be decided expeditiously in accordance with law, and that no coercive action be taken against the applicants till disposal of such discharge application, provided they cooperate in its early disposal.

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 33823 of 2025

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Prem Prakash Tiwari And 2 Others

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.....Applicant(s)

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Versus

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State of U.P. and Another

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.....Opposite Party(s) Counsel for Applicant(s) : Chandra Bhushan Singh, Punita Singh Counsel for Opposite Party(s) : G.A.

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Court No. - 71

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HON'BLE RAJ BEER SINGH, J.

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Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.

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This application under Section - 528 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as BNSS) has been filed for quashing of entire proceedings, including charge-sheet dated 27.12.2024, cognizance order dated 15.01.2025 and order dated 13.07.2025, of Case No. 183 of 2025 (State Vs. Prem Prakash Tiwari and Others), arising out of Case Crime No. 0392 of 2024, under Sections - 115(2), 352, 351(2) BNS, Police Station - Mariyahu, District - Jaunpur, pending in the court of A.C.J.M.-Ist, Court No.1, Jaunpur.

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After arguing at some length, learned counsel for the applicants submitted that the prayer as made above is not being pressed and that applicants may be permitted to move an application for discharge before the Trial court concerned and till then protection may be granted to the applicants.

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In view of aforesaid, it is directed that in case applicants move an application for discharge before the Trial court concerned within a period of three weeks from today, the same shall be considered and decided expeditiously in accordance with law by the court concerned. It is further directed that for a period of three weeks from today and in case such an

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NA528 No. 33823 of 2025

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application for discharge is filed within the aforesaid period, till the disposal of discharge application, no coercive action shall be taken against the applicants, provided the applicants cooperate in early disposal of discharge application.

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The application u/s 528 BNSS is disposed of with aforesaid observations.

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October 6, 2025 S Rawat

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(Raj Beer Singh,J.)

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Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad

Prem Prakash Tiwari and 2 Others v. State of U.P. and Another

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Prem Prakash Tiwari and 2 Others v. State of U.P. and Another

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