Allahabad High Court
VINOD KUMARversusSTATE OF UP AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The court held that there was no ground to quash the non‑bailable warrant, and therefore the application was refused.
Summary
Vinod Kumar filed an application under Section 528 of the Criminal Procedure Code seeking to quash a non‑bailable warrant dated 13‑01‑2023 issued by the Additional Sessions Judge in a case under Section 307 of the Indian Penal Code. The High Court examined the FIR, the impugned order and the charge‑sheet and concluded that no ground existed for judicial interference to set aside the warrant. Consequently, the court refused the prayer to quash the warrant. However, the court permitted the applicant to surrender before the concerned court, with no objection from the State’s counsel, and directed him to appear within three weeks, during which no coercive action would be taken. After the three‑week period, the concerned court may proceed as per law, and the application was disposed.
Issues considered
- Whether the non‑bailable warrant issued under Section 307 IPC can be quashed under Section 528 CrPC.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Indian Penal Code — s. 307
Subjects
- Section 528 CrPC
- Non‑bailable warrant
- Quash
- Surrender
- Criminal procedure
- IPC 307
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 12359 of 2026
Vinod Kumar
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Gorakh Nath Shukla, Keshari Nath
Tripathi
Counsel for Opposite Party(s) : G.A.
Court No. - 77
HON'BLE SAURABH SRIVASTAVA, J.
1. Heard learned counsel for applicant and learned AGA appearing for the
State.
2. This present application has been filed for seeking quashing of Non-
Bailable Warrant dated 13.01.2023 passed by learned Additional Sessions
Judge, Court No.21, Allahabad, S.T. No.669 of 2019 (State vs. Vinod
Kumar), arising out of Case Crime No.227 of 2018, under Section 307 of
I.P.C., Police Station-Cantt., District-Prayagraj.
3. On perusal of the narration of FIR as well as impugned order and
charge-sheet, this Court does not find it to be a case where interference of
this Court is required. No such ground appears to be available in the
present application, on the basis of which, impugned order, can be set
aside.
4. Accordingly, the prayer sought through the instant application, is
refused.
5. Lastly, learned counsel for applicant has submitted that liberty may be
granted to applicant to surrender before the court concerned in pursuance
to NBW order dated 13.01.2023 to which learned AGA has no objection.
6. Considering the facts and circumstances of the matter, applicant is
directed to appear before the learned court concerned in pursuance to
impugned NBW order dated 13.01.2023 within three weeks from today.
NA528 No. 12359 of 2026
2
Till three weeks from today, no coercive action shall be initiated against
the applicant. After the expiry of aforesaid period of three weeks, learned
concerned court is directed to proceed as per law.
7. With the aforesaid observation, the application is disposed of.
(Saurabh Srivastava,J.)
March 28, 2026
K.N.
Digitally signed by :-
KALP NATH SINGH
High Court of Judicature at Allahabad
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