Bjalram Tiwari @ Shiv Kumar Tiwari and… — Murder and Culpable Homicide | Allahabad HC (2026)

Bjalram Tiwari @ Shiv Kumar Tiwari and… — Murder and Culpable Homicide | Allahabad HC (2026)

What the court decided

AI extract

Outcome

Interim relief: proceedings against the applicants pursuant to the impugned summoning order dated 28.01.2026 stayed till the next date of listing; four weeks granted to the respondents for filing counter affidavit, two weeks thereafter to the petitioners' counsel for rejoinder affidavit; matter to be listed after six weeks.

Issue for consideration

Whether the offence under Section 302 IPC is made out against the applicants, who are stated to be only marginal witnesses of the sale deed executed by the deceased. +2 more

Ratio / Principle

Proceedings in respect of the applicants pursuant to the impugned summoning order dated 28.01.2026 passed by the learned Chief Judicial Magistrate, Gnda shall remain stayed till the next date of listing.

Detailed headnote1 paragraphs

HIGH COURT OF JUDICATURE AT ALLAHABAD (LUCKNOW BENCH), Court No. 15 — Application U/S 528 BNSS No. 1465 of 2026; decision dated April 20, 2026; Hon'ble Brij Raj Singh, J. Applicants Bjalram Tiwari @ Shiv Kumar Tiwari and another, described by their counsel as marginal witnesses of a sale deed dated 04.12.2023 executed by the deceased Ram Kishore, were subjected to a summoning order dated 28.01.2026 passed by the learned Chief Judicial Magistrate, Gnda, after opposite party no.2's protest petition against the police final report dated 18.7.2024 caused the case to be treated as a complaint case. Background recorded: Ram Kishore died on 26.3.2024 with no FIR lodged by opposite party no.2; an application under Section 156(3) CrPC moved on 29.4.2024 yielded an FIR dated 03.6.2024 alleging that the accused assaulted the deceased by lathi causing death; statements of the complainant and two witnesses were recorded and the applicants were summoned, with counsel for respondent no.2 pointing to statements under Sections 200 and 202 CrPC. Counsel for the applicants urged that the death was natural — the deceased had attended the Medical College, Lucknow, Urology Department (statement of its Doctor placed as Annexure-15) — that sale consideration of Rs.6,60,000/- was paid and the land mutated, and that no offence under Section 302 IPC was made out against the applicants. The Court found the matter to require consideration, granted the respondents four weeks to file a counter affidavit and two weeks thereafter for rejoinder affidavit, fixed listing after six weeks, and ordered that proceedings against the applicants pursuant to the impugned summoning order dated 28.01.2026 shall remain stayed till the next date of listing.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

APPLICATION U/S 528 BNSS No. - 1465 of 2026

Bjalram Tiwari @ Shiv Kumar Tiwari And Another

.....Applicant(s)

Versus

State Of U.P. Thru. Addl. Chief Secy. In The Deptt. Of Home Lko. And Another

.....Opposite Party(s)

Counsel for Applicant(s) : Dharm Raj Mishra Counsel for Opposite Party(s) : G.A.

Court No. - 15

HON'BLE BRIJ RAJ SINGH, J.

It has been submitted by the learned counsel for the applicant that they are marginal witnesses of the sale deed executed by the deceased Ram Kishore on 04.12.2023. Ram Kishore died on 26.3.2024 and no FIR was lodged by the opposite party no.2. Deceased was cremated by his family members, thereafter application under section 156 (3) CrPC was moved on 29.4.2024 and in pursuance of the direction issued by the Magistate FIR was lodged on 03.6.2024 and in FIR it is alleged that the accused assaulted the deceased by lathi due to which he died.

The case was investigated by the Investigating Officer after collecting the evidence the final report was submitted on 18.7.2024 in the Court. The opposite party no.2 filed a protest petition and case was treated as complaint case and thereafter statement of complainant as well two witnesses were recorded and petitioners were summoned by the impugned order.

The counsel for the applicant submitted that it was natural death the deceased had gone to Medical College, Lucknow and he was patient of Urology Department. Therefore the Doctor has given statement indicating the fact that deceased had come to the medical college for his treatment. The petitioner has also invited attention of the court towards Annexure -15, the statement of the Doctor of the Urology Department.

The counsel for the applicant has submitted that the sale deed was executed before the Sub Registrar by the deceased out of sale consideration of Rs.6,60,000/- and the amount was given and thereafter the land was mutated in favour of the purchaser.

He has submitted that there is no evidence which indicates that offence under

NA528 No. 1465 of 2026

2

section 302 IPC is made out against the applicants who are marginal witnesses. On the other hand counsel for respondent no.2 filed power and submitted that after recording the statement under section 200 and 202 CrPC summons have been issued and there is no illegality in the summons issued by the Court.

Matter requires consideration.

Four weeks time is granted to the respondents for filing counter affidavit.

Two weeks' time thereafter is granted to the learned counsel for the petitioners for filing rejoinder affidavit.

List after six weeks.

Proceedings in respect of the applicants in pursuance of the impugned summoning order dated 28.01.2026 passed by learned Chief Judicial Magistrate Gnda shall remain stayed till the next date of listing.

April 20, 2026 mks

(Brij Raj Singh,J.)

Digitally signed by :- MANISH SAXENA High Court of Judicature at Allahabad, Lucknow Bench