Allahabad High Court
SANJAY KUMAR AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- NAND PRABHA SHUKLA
Holding
The application under Section 528 BNSS is disposed with a conditional direction that cooperation and bail bonds within four weeks will preclude coercive measures, otherwise the trial may proceed.
Summary
The applicants filed an application under Section 528 of the BNSS seeking to quash a summoning order dated 08.04.2016 and the related criminal proceedings (Complaint Case No. 9738 of 2015 under Section 323 IPC) as well as a non‑bailable warrant dated 20.11.2025. The court noted that the non‑bailable warrant was issued due to the applicants' non‑appearance, but the applicants expressed willingness to cooperate and to furnish bail bonds. The court directed that if the applicants cooperate and file bail bonds within four weeks, no coercive measures will be taken; otherwise the trial court may proceed against them. Consequently, the application under Section 528 was disposed with these conditional directions. No order was made to quash the earlier summons or the criminal case.
Issues considered
- Whether the summoning order and the criminal proceedings under Section 323 IPC can be quashed under Section 528 BNSS
- Whether the non‑bailable warrant can be set aside pending the applicants' cooperation
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Indian Penal Code — s. 323
Subjects
- Section 528
- non‑bailable warrant
- quash
- cooperation
- bail bond
- criminal procedure
- Section 323 IPC
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 2617 of 2026
Sanjay Kumar And 2 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Ajay Kumar Srivastava
Counsel for Opposite Party(s) : G.A.
Court No. - 76
HON'BLE NAND PRABHA SHUKLA, J.
1. Heard Sri Ajay Kumar Srivastava, learned counsel for the applicants,
learned A.G.A. for the State and perused the record.
2. The present application under Section 528 BNSS has been filed with the
prayer to allow the present application and quash the impugned summoning
order dated 08.04.2016 passed by learned Chief Judicial Magistrate, Hapur
as well as entire proceedings of Complaint Case No. 9738 of 2015,
Yogendra @ Boby Vs. Hariom and others, under Section 323 IPC, Police
Station-Pilakhuva, District-Hapur and also quash the N.B.W. order dated
20.11.2025, pending in the Court of Chief Judicial Magistrate, Hapur.
3. From the perusal of record, it transpires that due to non-appearance in the
court proceedings, non-bailable warrant was issued against the
applicants vide order dated 20.11.2025. The applicants are ready to
cooperate in the court proceedings.
4. Learned counsel for the applicants undertakes that the applicants shall
cooperate in the trial proceedings.
5. In case the applicants cooperate in the court proceedings after filing their
bail bonds before the Court concerned within a period of four weeks from
the date of the order, no coercive measures shall be taken against the
applicants.
6. It is made clear that in case, the applicants do not cooperate in the court
proceeding, Trial Court is free to proceed against the applicants.
NA528 No. 2617 of 2026
2
7. With the aforesaid direction, the application u/s 528 BNSS is disposed of.
February 23, 2026
Shivani
(Nand Prabha Shukla,J.)
Digitally signed by :-
SHIVANI SRIVASTAVA
High Court of Judicature at Allahabad
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