Allahabad High Court
ANIL KUMARversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The High Court held that no sufficient ground existed to interfere with or quash the charge‑sheet, cognizance order, or non‑bailable warrant, and therefore dismissed the application.
Summary
The applicant, Anil Kumar, filed an application under Section 528 of the Criminal Procedure Code seeking to quash the charge-sheet dated 13-07-2001, the cognizance and summoning order dated 24-07-2002, and the non‑bailable warrant dated 08-02-2006 in Criminal Case No. 9247 of 2001 (State vs. Anil Kumar) relating to offences under Sections 379 and 411 IPC. The High Court examined the entire record and found no ground for interference with the cognizance order, charge‑sheet, warrant or the ongoing criminal proceedings. Consequently, the Court refused the prayer to set aside the proceedings. The applicant was directed to surrender before the concerned court within three weeks, with a stay on any coercive action during that period. After the three‑week period, the concerned court may proceed as per law.
Issues considered
- Whether the High Court can quash the charge‑sheet, cognizance order and non‑bailable warrant under Section 528 CrPC in the present circumstances
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Indian Penal Code — s. 379, 411
Subjects
- Section 528 CrPC
- quash of criminal proceedings
- charge sheet
- non‑bailable warrant
- High Court
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 16081 of 2026
Anil Kumar
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Praveen Kumar
Counsel for Opposite Party(s) : G.A.
Court No. - 77
HON'BLE SAURABH SRIVASTAVA, J.
1. Heard learned counsel for the applicant and learned A.G.A. for
the State.
2. The present application under Section 528 BNSS has been
filed for quashing charge-sheet dated 13.07.2001,
cognizance/summoning order dated 24.07.2002 and non-bailable
warrant dated 08.02.2006 as well as the entire proceedings of
Case No.9247 of 2001 (State vs. Anil Kumar) arising out of Case
Crime No.230 of 2001, under sections 379, 411 IPC, P.S.
Naubasta, District- Kanpur Nagar, pending in the court of learned
ACJM- VII, Kanpur Nagar.
3. On perusal of entire record appended along with instant
application, 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 cognizance order along with charge-sheet, non-bailable
warrant and entire criminal proceedings of the said case, can be
set aside.
4. Accordingly, the prayer sought through the instant application,
is refused.
5. Lastly, learned counsel for applicant submitted that liberty may
be granted to applicant to surrender before the court concerned in
pursuance to non-bailable warrant dated 08.02.2006 issued
NA528 No. 16081 of 2026
2
against him to which learned AGA has no objection.
6. In view of the aforesaid, the instant application is finally
disposed of with a direction to the applicant to appear before
learned court concerned in pursuance to non-bailable warrant
order dated 08.02.2006 within three weeks from today. 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.
May 6, 2026
Saif
(Saurabh Srivastava,J.)
Digitally signed by :-
SHAIKH SAIF ABDIN
High Court of Judicature at Allahabad
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