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Allahabad High Court

PARVEJ ALIAS PARINDAversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The High Court held that there were no sufficient grounds to quash the non‑bailable warrant and therefore dismissed the application.

Summary

The applicant, Parvej alias Parinda, filed an application under Section 528 of the Criminal Procedure Code seeking to quash a non‑bailable warrant dated 06‑03‑2025 issued in State of U.P. v. Aafeem (Case No.10113 of 2021) under IPC sections 379 and 411. The High Court examined the record and found no ground for interference with the warrant. Consequently, the court refused the prayer to quash the warrant. However, the court directed the applicant to surrender before the concerned court within 15 days, during which no coercive action would be taken, and thereafter the court may proceed as per law. The application was ultimately disposed of without granting the relief sought.

Issues considered

  • Whether the non‑bailable warrant dated 06‑03‑2025 can be quashed under Section 528 CrPC?
  • Whether there are sufficient grounds for the High Court to interfere with the warrant issued in the underlying criminal case?

Legislation cited

Subjects

  • non-bailable warrant
  • Section 528 CrPC
  • quash of warrant
  • IPC 379
  • IPC 411
  • bail
  • High Court of Allahabad
  • application

Judgment

   HIGH COURT OF JUDICATURE AT ALLAHABAD

      APPLICATION U/S 528 BNSS No. - 19853 of 2026

Parvej Alias Parinda
                                                   .....Applicant(s)
                             Versus
State of U.P. and Another
                                                      .....Opposite
                                                            Party(s)

Counsel for Applicant(s)      : Ankita Tiwari, Kushagra
                                Srivastava,          Saumya
                                Srivastava, Shahrukh
Counsel for Opposite Party(s) : G.A.

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

1. This matter has been taken up in the mentioned category.
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 06.03.2025 passed in Case
No.10113 of 2021 (State of U.P. vs. Aafeem and Others) under
sections 379, 411 IPC, arising out of Case Crime No.414 of 2021,
P.S. Pilkhuwa, District- Hapur, pending in the court of learned
Chief Judicial Magistrate, Hapur.

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 order 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 06.03.2025 to which
learned AGA has no objection.

6. Considering the facts and circumstances of the matter,
                                                                                          NA528 No. 19853 of 2026
                                                                   2


                                        applicant is hereby directed to appear before the learned court
                                        concerned in pursuance to impugned NBW order
                                        dated 06.03.2025 within 15 days from today. Till 15 days from
                                        today, no coercive action shall be initiated against the applicant.
                                        After the expiry of aforesaid period of 15 days, 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 14, 2026
                                        Saif
                                                                                 (Saurabh Srivastava,J.)




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

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