Allahabad High Court
ANUJversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The court held that there were no grounds to quash the non‑bailable warrant, summoning order, or the proceedings, and dismissed the application.
Summary
The applicant filed an application under Section 528 of the Criminal Procedure Code seeking to quash a non‑bailable warrant dated 10‑10‑2025, a summoning order dated 07‑06‑2024, and the entire proceedings of case No.1064 of 2022 (State of U.P. v. Ajay Sharma) under Section 354 IPC. The High Court examined the record and found no ground for interference with the warrant, the summoning order, or the pending proceedings. Consequently, the court refused the prayer to set aside the orders. However, the court directed the applicant to surrender before the concerned court within four weeks, during which no coercive action would be taken. After the four‑week period, the concerned court may proceed as per law. The application was therefore disposed.
Issues considered
- Whether the non‑bailable warrant and summoning order can be quashed under Section 528 CrPC
- Whether there are any grounds for interference with the pending proceedings under Section 354 IPC
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Indian Penal Code — s. 354
Subjects
- Section 528 CrPC
- non‑bailable warrant
- quashing of warrant
- IPC 354
- surrender
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 17881 of 2026
Anuj
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Anamika Singh, Jitendra Pal
Singh, Pradeep Kumar Singh
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 dated 10.10.2025 along with summoning
order dated 07.06.2024 as well as entire proceedings of Case
No.1064 of 2022 (State of U.P. vs. Ajay Sharma and
Others) under section 354 IPC, arising out of Case Crime No.59
of 2020, P.S. Nawabganj, District- Bareilly, pending in the court
of learned Judicial Magistrate, Nawabganj, Bareilly.
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, summoning order and the entire
proceedings, 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 NBW order dated 10.10.2025 to which
learned AGA has no objection.
NA528 No. 17881 of 2026
2
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 dated 10.10.2025 within
four weeks from today. Till four weeks from today, no coercive
action shall be initiated against the applicant. After the expiry of
aforesaid period of four weeks, learned concerned court is
directed to proceed as per law.
7. With the aforesaid observation, the application is disposed of.
May 7, 2026
Saif
(Saurabh Srivastava,J.)
Digitally signed by :-
SHAIKH SAIF ABDIN
High Court of Judicature at Allahabad
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