Allahabad High Court
SMT RAJBALA @ RAJMALA AND ANOTHERversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The Court ordered that the non‑bailable warrant be kept in abeyance for twenty days, subject to the applicants appearing before the trial court within that period.
Summary
The applicants, Smt Rajbala and another, filed an application under Section 528 of the Criminal Procedure Code seeking to quash a non‑bailable warrant dated 27‑08‑2021 issued by the Additional Chief Judicial Magistrate, Bulandshahar, in a criminal case (State v. Dinesh Kumar). They explained that compelling circumstances prevented their appearance before the trial court, but they undertook to appear and cooperate in the proceedings. The High Court, after hearing counsel, held that the warrant could be kept in abeyance for a period of twenty days, conditional upon the applicants appearing before the trial court within that time. If they appear, the warrant will not be executed; if they fail to appear, the warrant will be executed without delay. The application was consequently disposed of.
Issues considered
- Whether a non‑bailable warrant issued under Section 528 CrPC may be kept in abeyance pending the applicant's appearance before the trial court.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
Subjects
- Section 528 CrPC
- non‑bailable warrant
- quash
- criminal procedure
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 15991 of 2026
Smt Rajbala @ Rajmala And Another
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Anupama Parashar, Satendra Kumar
Counsel for Opposite Party(s) : G.A.
Court No. - 77
HON'BLE SAURABH SRIVASTAVA, J.
1. Heard learned counsel for the applicants and learned A.G.A. for the
State.
2. The present application has been filed by applicants for quashing the
impugned order dated 27.8.2021 passed by learned Additional Chief
Judicial Magistrate, Bulandshahar in Case No. 169 of 2007 (State Vs.
Dinesh Kumar and others) arising out of Case Crime no. 367 of 2006
under Sections 325, 323, 504 & 506 I.P.C., Police Station- Dibai, District-
Bulandshahar, pending in the Court of learned Additional Chief Judicial
Magistrate, Bulandshahar.
3. It is submitted by learned counsel for the applicants that applicants are
ready to appear before the court concerned and on account of compelling
circumstances, they could not appear on the date fixed before the court
below therefore, as a result of the same, non bailable warrant dated
27.8.2021 has been issued against the applicants.
4. Learned counsel for the applicants submitted that applicants undertake
to participate in the trial court's proceedings and they shall remain present
before the court concerned unless the personal presence of the applicants
is exempted by the court below. It is further submitted by learned counsel
for the applicants that the applicants will cooperate in the trial court's
proceedings.
5. In view of the statement made by learned counsel for the applicants,
this Court deems it fit that non bailable warrant issued against the
applicants shall be kept in abeyance for a period of 20 days and applicants
shall appear before the court concerned within the time fixed by this
Court. If, the applicants appear before the court concerned, non bailable
warrant shall not be further executed. However, if the applicants fail to
appear or participate in the trial proceeding within the time fixed by this
Court, non bailable warrant shall be executed against the applicants
without delay.
NA528 No. 15991 of 2026
2
6. In view of the aforesaid, this application is disposed of.
May 5, 2026
Shaswat
(Saurabh Srivastava,J.)
Digitally signed by :-
SHASWAT SINGH
High Court of Judicature at Allahabad
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