Allahabad High Court
FIROZversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- VIVEK KUMAR SINGH
Holding
The High Court held that the non‑bailable warrant shall be kept in abeyance for three weeks, subject to the applicant appearing before the trial court, failing which the warrant will be executed.
Summary
The applicant, Firoz, filed an application under Section 528 of the Criminal Procedure Code seeking to quash a non‑bailable warrant (NBW) dated 17 January 2024 issued by the Additional District Judge, Agra, for his alleged non‑appearance in a trial concerning offences under Sections 302 and 147 of the IPC. The applicant claimed that compelling circumstances prevented his appearance and undertook to cooperate with the trial court if allowed to appear. The State, represented by the Advocate General, argued that the applicant had repeatedly failed to appear, justifying the issuance of the NBW. The High Court, after considering the submissions, held that the NBW should not be immediately executed but kept in abeyance for three weeks, during which the applicant must appear before the trial court. The Court warned that no further extensions would be granted and that failure to appear would result in immediate execution of the warrant. Consequently, the application was disposed of without quashing the warrant.
Issues considered
- Whether the non‑bailable warrant issued under Section 528 CrPC can be set aside on the ground of the applicant's inability to appear.
- Whether the High Court can stay the execution of the warrant and conditionally require the applicant's appearance.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Indian Penal Code — s. 147, 302
Subjects
- non‑bailable warrant
- Section 528 CrPC
- criminal procedure
- court appearance
- quash application
- trial court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 19901 of 2026
Firoz
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Vikash Kumar
Counsel for Opposite Party(s) : G.A.
Court No. - 80
HON'BLE VIVEK KUMAR SINGH, J.
1. Heard learned counsel for the applicant and learned A.G.A. for the
State.
2. The present application has been filed by applicants for quashing the
NBW order dated 17.1.2024 passed by Additional District Judge, Court
No. 1, Agra in Session Trial No. 608 of 2014 (State vs. Firoz and others)
arising out of Case Crime No. 415 of 2014, under Sections 302, 147 IPC,
Police Station Tajganj, District Agra pending before Additional District
Judge, Court No. 1, Agra.
3. It is submitted by learned counsel for the applicant that applicant is
ready to appear before the court concerned and on account of compelling
circumstances, he could not appear on the date fixed before the court
below therefore, as a result of the same, non bailable warrant dated
17.1.2024 has been issued against the applicant.
4. Learned counsel for the applicant submitted that applicant undertakes
to participate in the trial court's proceedings and he shall remain present
before the court concerned unless the personal presence of the applicant is
exempted by the court below. It is further submitted by learned counsel
for the applicant that the applicant will cooperate in the trial court's
proceedings.
5. On the other hand learned AGA submits that due to non appearance of
the applicant on several dates, the leaned trial Court proceeded to issue
NA528 No. 19901 of 2026
2
non bailable warrant against the applicant.
6. In view of the facts of the case, this Court deems it fit that non bailable
warrant issued against the applicant shall be kept in abeyance for a period
of three weeks and applicant shall appear before the court concerned
within the time fixed by this Court. If, the applicant appears before the
court concerned, non bailable warrant shall not be further executed.
However, if the applicant fails to appear or participate in the trial
proceeding within the time fixed by this Court, non bailable warrant shall
be executed against the applicant without delay.
7. It is made clear that no further time for appearance before the court
concerned shall be granted by this Court.
8. In view of the aforesaid, this application is disposed of.
(Vivek Kumar Singh,J.)
May 14, 2026
Lalit Shukla
Digitally signed by :-
LALIT KUMAR SHUKLA
High Court of Judicature at Allahabad
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