Allahabad High Court
RAJESH KUMAR SHUKLAversusSTATE OF U.P. AND ANOTHER
- Decided
Holding
An order issuing a non‑bailable warrant is an interlocutory order and is not appealable under Section 14‑A(1) of the SC/ST (Prevention of Atrocities) Act.
Summary
The appellant Rajesh Kumar Shukla challenged a non‑bailable warrant (NBW) dated 06‑06‑2022 issued by the Additional Sessions Judge in a case under Sections 323, 504, 506 IPC and Sections 3(1)(10) of the SC/ST (Prevention of Atrocities) Act. The appeal was filed under Section 14‑A(1) of the SC/ST Act seeking to set aside the NBW. The High Court examined whether an NBW, being an interlocutory order, is appealable under Section 14‑A(1). It held that such orders are not appealable under the said provision. Consequently, the appeal was dismissed, and the court directed the appellants to file an appropriate application before the trial court for cancellation of the warrant. The court also allowed the appellants to file a fresh appeal under Section 14‑A(1) on new grounds if necessary.
Issues considered
- Whether a non‑bailable warrant is an interlocutory order that can be appealed under Section 14‑A(1) of the SC/ST (Prevention of Atrocities) Act
- Whether the appellant can seek cancellation of the non‑bailable warrant through an application before the trial court
- Whether a fresh appeal under Section 14‑A(1) can be filed on fresh grounds after the dismissal of the present appeal
Legislation cited
- Indian Penal Code — s. 323, 504, 506
- Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 14-A(1), 3(1)(10)
Subjects
- non-bailable warrant
- interlocutory order
- appeal jurisdiction
- Section 14-A
- SC/ST Act
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL APPEAL No. - 2802 of 2026
Rajesh Kumar Shukla
.....Appellant(s)
Versus
State of U.P. and Another
.....Respondent(s)
Counsel for Appellant(s) : Anamika Yadav, Parth Shukla
Counsel for Respondent(s) : G.A.
Court No. - 51
HON'BLE ANIL KUMAR-X, J.
1. Heard learned counsel for the appellants and Shri Acharya Rajesh
Tripathi, learned A.G.A for the State as also perused the record.
2. The present criminal appeal under Section 14-A(1) Scheduled Castes &
Scheduled Tribes (Prevention of Atrocities) Act has been preferred to allow
the present criminal appeal and set aside the impugned N.B.W. dated
06.06.2022 passed by learned Additional Sessions Judge / Fast Track Court,
Court No. 24, Allahabad in Sessions Trial No. 244 of 2011 (State of U.P.
Versus Rajesh Kumar Shukla) arising out of Case Crime No. 28C of 2007,
as well as Charge-Sheet bearing No. 05 of 2007 submitted on 24.03.2007,
u/s 323, 504, 506 of I.P.C. & Sections 3(1)(10) of SC/ST Act, 1989, P.S.
Manda, District: Allahabad.
3. By means of the present criminal appeal, the appellant has challenged the
impugned order dated 6.6.2022, whereby a non-bailable warrant was issued
against them.
4. At the very outset, it is made clear that an order issuing a non-bailable
warrant is an interlocutory order, against which no appeal lies under Section
14-A(1) of the SC/ST Act. Hence, this criminal appeal is disposed of with a
direction that the appellants may file an appropriate application before the
learned trial court for cancellation of the non-bailable warrant. In case such
an application is filed, the learned trial court shall consider and decide the
same as expeditiously as possible, in accordance with law. The appellants
are at liberty to file a fresh appeal under Section 14-A(1) of the SC/ST Act
on fresh grounds.
5. Certified copy of the relevant documents be returned to the learned
counsel for the appellant, after retaining photostat copy of the same on
record.
March 18, 2026
Ujjawal
(Anil Kumar-X,J.)
Digitally signed by :-
UJJAWAL
High Court of Judicature at Allahabad
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