Allahabad High Court
MUNNE KHANversusSTATE OF U.P. THROUGH ITS SECRETARY HOME, GOVERNMENT OF U.P. AT LUCKNOW AND ANOTHER
- Decided
- Bench
- DEEPAK VERMA
Holding
The court refused to quash the summons but ordered the applicant to surrender within three weeks, kept the non‑bailable warrant in abeyance, and directed an expeditious disposal of any bail application.
Summary
The applicant, Munne Khan, filed an application under Section 528 of the CrPC seeking to quash a summons dated 18‑01‑2018 issued by the Judicial Magistrate in a criminal complaint (Madeena Begam v. Munne Khan) involving offences under Sections 498‑A, 323, 504, 506 IPC and Sections 3/4 of the Dowry Prohibition Act. During the hearing, the applicant’s counsel withdrew the request to quash the proceedings and instead asked the court to protect the applicant while he surrenders before the lower court and to ensure a speedy disposal of any bail application. The State’s Additional Government Advocate had no objection to granting temporary protection if the applicant surrenders. The High Court refused the relief to quash the summons but directed the applicant to surrender within three weeks, ordered the non‑bailable warrant dated 29‑09‑2018 to be kept in abeyance, and instructed the lower courts to dispose of any bail application expeditiously in line with the Supreme Court’s guidelines in Satender Kumar Antil v. CBI. The application under Section 528 was consequently disposed of.
Issues considered
- Whether the application seeking quash of the summons under Section 528 can be entertained after the applicant withdraws that relief.
- Whether the court can grant temporary protection to the applicant for surrender and stay the non‑bailable warrant.
- Whether the lower courts must dispose of the applicant’s bail application expeditiously as per Supreme Court guidelines.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 323, 498-A, 504, 506
Subjects
- bail
- non‑bailable warrant
- surrender
- Section 528 CrPC
- quash of summons
- expeditious bail disposal
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 19782 of 2026
Munne Khan
.....Applicant(s)
Versus
State Of U.P. Through Its Secretary Home,
Government Of U.P. At Lucknow And Another .....Opposite
Party(s)
Counsel for Applicant(s) : Brijesh Kumar Prajapati, Maheshwari
Prasad Srivastava, Surendra Kumar
Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 74
HON'BLE DEEPAK VERMA, J.
1. Heard learned counsel for the applicant, learned Additional Government
Advocate for the State of U.P./opposite party no.1 and perused the record.
2. This application has been filed by the applicant to quash the summoning
order dated 18.01.2018 passed by Court of Civil Judge (J.D.)/Judicial
Magistrate, Shikohabad, Firojabad in proceeding of Complaint Case No.
1273 of 2017 (Madeena Begam Vs. Munne Khan and others), against the
applicant Under Sections 498-A, 323, 504, 506 I.P.C. and 3/4 D.P. Act,
Police Station Makkhanpur, District Firojabad.
3. At the outset learned counsel for the applicant gave up his challenge to the
aforesaid criminal proceedings against the applicant and confined his
submission requesting to grant some protection to the applicant to surrender
before the concerned court. The learned counsel for the applicant further
stated at the Bar that he is not pressing any other prayer made in this
application on merits and prayed that a direction may be issued to the
concerned courts below to consider and decide the bail application of the
applicant expeditiously.
4. Learned A.G.A. for the State of U.P. submits that in case the applicant is
not pressing the relief as sought for by him on merits and wants to surrender
before the concerned court below, he has no objection if the Court grants
protection to him for a short period.
NA528 No. 19782 of 2026
2
5. In view of the above, the relief as sought by the applicant in the instant
application is refused.
6. However considering the aforesaid alternative prayer made by learned
counsel for the applicant, it is directed that the applicant shall surrender
before the concerned court below within three weeks from today and in case
he applies for bail or recall for NBW, the bail application of the applicant
shall be disposed of expeditiously by the courts below in accordance with
law and keeping in view the guidelines as laid down by the Apex Court in
the case of Satender Kumar Antil vs. Central Bureau of Investigation
and another, reported in 2021 SCC Online SC 922.
7. For the period of three weeks from today or till the time of surrender of
the applicant before the concerned Court, whichever is earlier, non-bailable
warrant dated 29.09.2018 shall be kept in abeyance.
8. With the above observations and directions, the application under Section
528 BNSS is disposed of.
(Deepak Verma,J.)
May 14, 2026
Meenu Singh
Digitally signed by :-
MEENU SINGH
High Court of Judicature at Allahabad
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