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Allahabad High Court

CHANDRA CHURN PANDEYversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The court held that there were no grounds to interfere with the non‑bailable warrant and therefore refused to quash it.

Summary

The applicant, Chandra Churn Pandey, filed an application under Section 528 of the Criminal Procedure Code seeking the quashing of a non‑bailable warrant issued in Criminal Case No. 1650 of 2003, relating to offences under Sections 379 and 411 of the Indian Penal Code. The High Court examined the record and found no material ground that would justify interference with the warrant. Consequently, the court refused the prayer to set aside the warrant. However, the court allowed the applicant to surrender voluntarily within three weeks, directing that no coercive action be taken during that period. The court also noted that the applicant had already been granted bail and should not be required to furnish a fresh bond. The application was therefore disposed of.

Issues considered

  • Whether the non‑bailable warrant issued in Criminal Case No. 1650 of 2003 can be quashed under Section 528 CrPC

Legislation cited

Subjects

  • quash
  • non-bailable warrant
  • Section 528 CrPC
  • IPC sections 379
  • IPC section 411
  • bail
  • surrender
  • criminal procedure

Judgment

   HIGH COURT OF JUDICATURE AT ALLAHABAD

      APPLICATION U/S 528 BNSS No. - 17239 of 2026

Chandra Churn Pandey
                                                   .....Applicant(s)
                             Versus
State of U.P. and Another
                                                      .....Opposite
                                                            Party(s)

Counsel for Applicant(s)         : Anurag Shukla, Sr. Advocate
Counsel for Opposite Party(s)    : G.A.

Court No. - 77
           HON'BLE SAURABH SRIVASTAVA, J.

1. Heard learned counsel for applicant and learned AGA for
State.

2. The instant application has been preferred for seeking quashing
of non-bailable warrant issued against the applicant by learned
court concerned in Criminal Case No.1650 of 2003, arising out of
Case Crime No.252 of 1994, under sections 379, 411 IPC, P.S.
Jamania, District- Ghazipur.

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 non-bailable warrant, can be set aside.

4. Accordingly, the prayer sought through the instant application,
is refused.

5. Lastly, learned counsel for applicant has submitted that liberty
may be granted to applicant to surrender before the court
concerned in pursuance to non-bailable warrant issued against
him 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 non-bailable warrant issued against him within
                                                                                           NA528 No. 17239 of 2026
                                                                   2


                                        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.

                                        7. Lastly, learned counsel for the applicant submits that applicant
                                        has already been granted bail and as such learned court concerned
                                        may not compel him to prefer fresh bond and surety.

                                        8. With the aforesaid observation, the application is disposed of.

                                        May 5, 2026
                                        Saif
                                                                                 (Saurabh Srivastava,J.)




Digitally signed by :-
SHAIKH SAIF ABDIN
High Court of Judicature at Allahabad


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