Allahabad High Court
SMT CHITRAREKHAversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The court did not quash the non‑bailable warrant but directed a three‑week stay of coercive action and an expeditious hearing of any bail application filed upon surrender.
Summary
Smt. Chitrarekha filed an application under Section 528 of the Criminal Procedure Code seeking to quash a non‑bailable warrant dated 13‑03‑2024 issued in State v. Sunita (Case No.01 of 2007). She limited her prayer to obtaining a direction that, if she surrenders within three weeks and applies for bail, the bail application be decided expeditiously, and that no coercive action be taken against her during that period. The High Court declined to quash the warrant but ordered that no coercive measures be taken against the applicant for three weeks from the date of the order. It further directed that any bail application filed upon surrender within that period be heard and decided promptly in accordance with settled law. The application was therefore disposed of with these specific directions.
Issues considered
- Whether the non‑bailable warrant issued in the underlying criminal case can be quashed under Section 528 CrPC.
- Whether the court can stay coercive action against the applicant pending surrender and bail application.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Indian Penal Code — s. 419, 420, 467, 468, 471
Subjects
- non-bailable warrant
- quash
- bail
- Section 528 CrPC
- coercive action
- expeditious disposal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 15312 of 2026
Smt Chitrarekha
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite Party(s)
Counsel for Applicant(s) : Anurag Rai, Pradip Kumar Rai
Counsel for Opposite Party(s) : G.A.
Court No. - 77
HON'BLE SAURABH SRIVASTAVA, J.
1. Heard learned counsel for applicant and learned AGA.
2. The present application has been preferred for seeking quashing of non-
bailable warrant dated 13.03.2024 issued in Case No.01 of 2007 (State Vs.
Sunita and others), arising out of Case Crime No.241 of 2006, under Section
419, 420, 467, 468, 471 IPC, P.S. Rajghat, District Gorakhpur, pending in
the court of learned Additional Civil Judge (S.D.), Court No.2, Gorakhpur.
3. At the very outset, 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 surrenders before it
and applies for bail in pursuance of NBW order dated 13.03.2024, 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 three weeks from today and
applies for bail in pursuance of NBW order dated 13.03.2024, the same shall
be considered and decided expeditiously in accordance with settled law.
5. However, it is made clear that till three weeks from today, no coercive
action shall be taken against the applicant herein in the present case.
May 7, 2026
Vivek Kr.
(Saurabh Srivastava,J.)
Digitally signed by :-
VIVEK KUMAR
High Court of Judicature at Allahabad
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