Avadh Bihari @ Avadh Bihari Tiwari vs State of U.P. Thru. Its Prin. Secy. Deptt. of Home Lko. and Another — Allahabad HC (2026) — LawSathi Research

Avadh Bihari @ Avadh Bihari Tiwari vs State of U.P. Thru. Its Prin. Secy. Deptt. of Home Lko. and Another — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to file a discharge application under Cr.P.C. within two weeks; trial court directed to dispose of the discharge application within four weeks thereafter; further proceedings in Complaint Case no.111 of 2024 stayed till expiry of six weeks or till disposal of the discharge application.

Issue for consideration

Whether the summoning order dated 17.12.2025 passed by the Special Judge, SC/ST Act, Ayodhya in Complaint Case no.111 of 2024, and the entire proceedings of that complaint case, should be quashed

Court's answer

The applicant is granted liberty to file an application for discharge in conformity with the provisions of Cr.P.C. within two weeks; after the said application is filed, the trial court is directed to dispose of the same within a period of four weeks thereafter.

Ratio / Principle

Till expiry of six weeks or till disposal of the discharge application, further proceedings in Complaint Case no.111 of 2024 shall remain stayed.

Key takeaways

With the aforesaid observations/directions, the application stands disposed of; the merits of the quashing plea were not decided, counsel having declined to press the application on merits.ratio¶16

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Lucknow — Application U/S 528 BNSS No. 1064 of 2026 (Brij Raj Singh, J.; March 23, 2026): Application seeking quashing of the summoning order dated 17.12.2025 passed by the Special Judge, SC/ST Act, Ayodhya in Complaint Case no.111 of 2024 (Shivnarayan Pasi vs. Avadh Bihari and others), whereby the applicant stood summoned to trial under Sections 323, 504, 506 IPC and Section 3(2)(va) of SC/ST Act, was NOT pressed on merits. Counsel for the applicant stated the applicant would file a discharge application under Cr.P.C., to which the State counsel had no objection. The Court granted liberty to file the discharge application within two weeks, directed the trial court to dispose of it within four weeks thereafter, and stayed further proceedings in the complaint case till expiry of six weeks or till disposal of the discharge application. Application disposed of.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

APPLICATION U/S 528 BNSS No. - 1064 of 2026

Avadh Bihari @ Avadh Bihari Tiwari

.....Applicant(s)

Versus

State Of U.P. Thru. Its Prin. Secy. Deptt. Of Home Lko. And Another .....Opposite Party(s) Counsel for Applicant(s) : Satish Kumar Sharma, Nandesh Verma Counsel for Opposite Party(s) : G.A.

Court No. - 15

HON'BLE BRIJ RAJ SINGH, J.

Heard Sri Satish Kumar Sharma along with Sri Nandesh Verma, learned counsel for the applicant as well as learned Additional Government Advocate and perused the record. Supplementary affidavit filed today is taken on record.

This application has been filed seeking quashing of the summoning order dated 17.12.2025 passed by the Special Judge, SC/ST Act, Ayodhya in Complaint Case no.111 of 2024 (Shivnarayan Pasi vs. Avadh Bihari and others), whereby applicant has been summoned to fact trial under Section 323, 504, 506 IPC and Section 3(2)(va) of SC/ST Act as well as entire proceedings of Complaint Case no.111 of 2024.

Learned counsel for the applicant submits that he does not want to press this application on merits. However, he submits that the applicant would like to file an application for discharge under the provisions of Cr.P.C., to which 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. After the said application is filed, the trial court is directed to dispose of the same within a period of four weeks thereafter. Till expiry of six weeks or till disposal of the discharge application,

NA528 No. 1064 of 2026

2

further proceedings in the aforesaid case shall remain stayed.

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

(Brij Raj Singh,J.)

March 23, 2026

Sachin

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