Allahabad High Court
RAJESHWARI PRASAD PANDEYversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- DEEPAK VERMA
Holding
The court ordered the non‑bailable warrant to be kept in abeyance and directed the applicant to apply for bail within three weeks, thereby disposing of the petition.
Summary
The applicant, Rajeshwari Prasad Pandey, filed a Section 528 application seeking to quash the summons order dated 20‑03‑2021 in a Section 138 Negotiable Instruments Act case (Complaint No. 1056 of 2019) and to stay the non‑bailable warrant issued against him. The court noted the applicant's willingness to file a bail application and referred to the Supreme Court’s decision in Satender Kumar Antil v. CBI. It directed that if the applicant appears before the trial court within three weeks and files a bail application, the bail matter shall be decided expeditiously. Consequently, the non‑bailable warrant was ordered to remain in abeyance until either the three‑week period lapses or the applicant surrenders. The petition was disposed of accordingly.
Issues considered
- Whether the Section 528 application seeking quash of the summons and stay of the non‑bailable warrant should be dismissed.
- Whether the court can keep the non‑bailable warrant in abeyance pending a bail application.
Legislation cited
- Code of Criminal Procedure — s. 528
- Negotiable Instruments Act — s. 138
Subjects
- Section 528 application
- Bail
- Non‑bailable warrant
- Negotiable Instruments Act
- Section 138
- Quash proceeding
- Supreme Court precedent
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 16636 of 2026
Rajeshwari Prasad Pandey
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Krishna Kant Tiwari, Suneel Kumar
Counsel for Opposite Party(s) : G.A.
Court No. - 74
HON'BLE DEEPAK VERMA, J.
1. Heard learned counsel for applicant; learned A.G.A. for State and
perused the record.
2. The instant 528 BNSS Application has been filed with a prayer to allow
this application and to quash the entire proceeding as well
as summoning order dated 20.03.2021 passed by Additional Court (N.I.
Act), Court No.2, Allahabad in Complaint Case No. 1056 of 2019
(Suneeta Singh Vs Rajeshwari Prasad Pandey), Under Section 138 of
Negotiable Instruments Act, Police Station Shankargarh, District
Allahabad, at present pending in the court of A.C.J.M., Court No.6,
Allahabad and consequential proceeding of the case.
3. After arguing the matter at some extent, learned counsel for applicant
submits that present application may be dismissed as not pressed with
liberty to file a bail application which may be decided in view of law laid
down by Supreme Court in "Satender Kumar Antil Vs. Central
Bureau of Investigation and another, reported in 2021 SCC OnLine
SC 922" to which learned A.G.A. has no objection.
4. In view of the above, it is provided that in case the applicant appears
before the trial court within three weeks from today and applies for bail,
the same shall be decided expeditiously, in view of the law laid down by
the Apex Court in Satender Kumar Antil (supra).
5. For the period of three weeks from today or till the time of surrender of
NA528 No. 16636 of 2026
2
the applicant before the Court below, whichever is earlier, non-bailable
warrant issued against the applicant shall be kept in abeyance.
6. The petition is disposed off accordingly.
(Deepak Verma,J.)
April 23, 2026
Nitin Verma
Digitally signed by :-
NITIN KUMAR VERMA
High Court of Judicature at Allahabad
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