Allahabad High Court
ASHISH KESARWANIversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The court held that there were no sufficient grounds to interfere with the NBW order and therefore refused to quash it.
Summary
The applicant, Ashish Kesarwani, filed an application under Section 528 of the Criminal Procedure Code seeking to quash a non-bailable warrant (NBW) issued on 9 October 2025 by the Chief Judicial Magistrate, Mirzapur, in a case under Section 379 IPC. The High Court examined the record and found no grounds for interference with the NBW order. Consequently, the court refused to set aside the warrant. However, the court directed the applicant to surrender before the concerned court within three weeks, during which no coercive action would be taken, noting that the applicant had already been granted bail and no fresh bond was required. The application was thereafter disposed of.
Issues considered
- Whether the non-bailable warrant issued in the criminal case can be quashed under Section 528 CrPC.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Indian Penal Code — s. 379
Subjects
- NBW
- Section 528 CrPC
- quashing order
- bail
- surrender
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 17140 of 2026
Ashish Kesarwani
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Sandeep Pandey
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 NBW
order dated 9.10.2025 passed by learned Chief Judicial Magistrate, Mirzapur
in Case no. 8555 of 2018 (State vs. Hakim Hasmi and others) under section
379 IPC arising out of Case Crime no. 294 of 2018, PS- Kotwali Shahar,
District Mirzapur.
3. On perusal of the record, 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 applicants has submitted that liberty may be
granted to applicant to surrender before the court concerned in pursuance to
NBW order 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 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
NA528 No. 17140 of 2026
2
directed to proceed as per law. It is also informed by learned counsel for the
applicant that applicant has already been granted bail and as such no fresh
bond and surety will be required by the learned court concerned.
7. With the aforesaid observation, the application is disposed of.
(Saurabh Srivastava,J.)
May 5, 2026
Shaswat
Digitally signed by :-
SHASWAT SINGH
High Court of Judicature at Allahabad
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