Chandra Dev Tiwari Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Chandra Dev Tiwari Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim stay on execution of the non-bailable warrant for three weeks, conditional upon the applicant appearing before the court below within three weeks and applying for recall of the warrant; the interim protection stands automatically vacated on default.

Issue for consideration

Whether the charge-sheet dated 18.08.2014, cognizance/summoning order dated 11.09.2014 and non-bailable warrant dated 14.03.2023 in Special Criminal Case No.61 of 2014 (Case Crime No.382 of 2014) should be quashed.

Court's answer

Applicant directed to appear before the court concerned within three weeks and move an application for recall of the non-bailable warrant, which is to be considered and disposed of expeditiously in accordance with law.

Ratio / Principle

Execution of the non-bailable warrant issued against the applicant shall remain stayed for a period of three weeks.

Key takeaways

In case of default, the interim protection shall stand automatically vacated and the court below shall be free to proceed against the applicant in accordance with law.ratio¶12

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Deepak Verma, J.), Application U/S 528 BNSS No. 40646 of 2025, decided October 17, 2025 — Chandra Dev Tiwari v. State of U.P. and Another. Application under Section 528 B.N.S.S. to quash the charge-sheet dated 18.08.2014, cognizance/summoning order dated 11.09.2014 and non-bailable warrant dated 14.03.2023 in Special Criminal Case No.61 of 2014 (State vs. Chandra Dev Tripathi @ Chandra Dev Tripathi), arising out of Case Crime No.382 of 2014 under Sections 323, 324, 504, 506 I.P.C. and Section 3(1)X SC/ST Act, P.S. Naubasta, District Kanpur Nagar, pending before the Special Judge SC/ST Act, Kanpur Nagar. The warrant had been issued on 14.03.2023 owing to the applicant's failure to appear before the court below. The Court did not adjudicate the merits of the prayer to quash; it directed the applicant to appear before the court concerned within three weeks and move an application for recall of the non-bailable warrant (to be dealt with expeditiously in accordance with law), stayed execution of the warrant for three weeks, and held that the interim protection would stand automatically vacated on default, leaving the court below free to proceed. Application finally disposed of.

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 40646 of 2025

Chandra Dev Tiwari		.....Applicant(s)
	Versus
State of U.P. and Another		.....Opposite Party(s)
Counsel for Applicant(s)	: Suraj Singh Agrawal Srivas	Chauhan, Swati tava
Counsel for Opposite Party(s)	: G.A.
Court No.- 74

HON'BLE DEEPAK VERMA, J.

Heard learned counsel for the applicant, learned Additional Government Advocate for the State of U.P./opposite party no.1 and perused the record.

This application under Section 528 B.N.S.S. has been filed by the applicant to quash the impugned charge-sheet dated 18.08.2014, cognizance/summoning order dated 11.09.2014, non bailable warrant dated 14.03.2023 in Special Criminal Case No.61 of 2014 (State vs. Chandra Dev Tripathi @ Chandra Dev Tripathi) arising out of Case Crime No.382 of 2014, under Sections 323, 324, 504, 506 I.P.C. & Section 3(1)X SC/ST Act, P.S. Naubasta, District Kanpur Nagar, pending in the court of Special Judge SC/ST Act, Kanpur Nagar.

From the record, it transpires that on account of the failure of the applicant to appear before the court below, non-bailable warrant has been issued against the applicant by the court below vide order dated 14.03.2023.

Learned counsel for the applicant submits that interest of justice shall be served provided some protection is granted by this Court to enable the applicant to appear before the court below.

Considering the facts and circumstances of the case, it is provided that the applicant shall appear before the court concerned within three weeks from today and moves an application for recall of non bailable warrant, which shall be considered and disposed of expeditiously in accordance with law.

NA528 No. 40646 of 2025

2

For a period of three weeks, the execution of non bailable warrant issued against the applicant shall remain stayed.

In case of default, the interim protection granted by this Court shall stand automatically vacated and the court below shall be free to proceed against the applicant in accordance with law.

With the aforesaid direction, the 528 B.N.S.S. application is finally disposed off.

October 17, 2025 SKD

(Deepak Verma,J.)

Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad