Allahabad High Court
NAFIS AND 2 OTHERSversusState of UP AND ANOTHER
- Decided
- Bench
- VIVEK KUMAR SINGH
Holding
The High Court declined to quash the criminal proceedings and instead ordered a four‑week stay of coercive action with a direction to consider bail expeditiously upon surrender.
Summary
The applicants (Nafis and two others) filed a petition under Section 482 of the CrPC seeking to quash Criminal Case No.628/9 of 2017 pending before the Additional Chief Judicial Magistrate, Muzaffarnagar, arising from offences under Sections 376‑D and 506 IPC. They also requested that, if they surrender and apply for bail under a non‑bailable warrant dated 26‑04‑2023, the bail application be decided expeditiously. The learned Additional Government Advocate raised no objection to the limited prayer. The High Court declined to quash the proceedings and instead directed that no coercive action be taken against the applicants for four weeks from the date of order, and that if they surrender within that period and apply for bail, the bail application shall be considered promptly. The Court further ordered that if the applicants fail to appear within the stipulated time, a non‑bailable warrant shall be executed without delay.
Issues considered
- Whether the High Court can quash the criminal proceedings under Section 482 of the CrPC.
- Whether the court may stay coercive action against the accused for a limited period.
- Whether bail can be granted expeditiously upon surrender in view of a non‑bailable warrant.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
Subjects
- Section 482
- quash criminal proceedings
- bail
- non‑bailable warrant
- stay of coercive action
- high court inherent powers
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 482 No. - 588 of 2024
Nafis And 2 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Mohd. Naushad Siddiqui
Counsel for Opposite Party(s) : Bipin Kumar, G.A.
Court No. - 80
HON'BLE VIVEK KUMAR SINGH, J.
1. Heard learned counsel for applicant and learned AGA.
2. The present application has been preferred for quashing the entire
proceedings of the Criminal Case No.628/9 of 2017 (State vs. Nafis and
Others), arising out of case crime no.289 of 2015, under Sections 376-D,
506 IPC, Police Station Chhapar, District Muzaffarnagar, pending in the
court of Additional Chief Judicial Magistrate, Court no.1, Muzaffarnagar.
3. After arguing at some length, learned counsel for applicant confined his
prayer only to the extent that the present application may be disposed of
finally with a direction to the court concerned that in case applicant
surrender before it and applies for bail in pursuance of NBW order dated
26.04.2023 the same may be considered and decided expeditiously in
accordance with law to which learned AGA has no objection.
4. In view of the aforesaid, the instant application is finally disposed of
with a direction to the court concerned that in case, the applicant
surrenders before the court concerned within a period of four weeks from
today and applies for bail in pursuance of NBW order dated 26.04.2023
the same shall be considered and decided expeditiously in accordance
with settled law.
5. It is made clear that till four weeks from today, no coercive action shall
be taken against the applicant herein in the present case. However, if the
applicant fails to appear or participate in the trial proceeding within the
A482 No. 588 of 2024
2
time fixed by this Court, non bailable warrant shall be executed against
the applicant without delay.
(Vivek Kumar Singh,J.)
May 12, 2026
Nitendra
Digitally signed by :-
NITENDRA TIWARI
High Court of Judicature at Allahabad
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