Allahabad High Court
MOHAMMAD REHAN @ REHAN AND ANOTHERversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The court held that no ground existed to interfere with the impugned orders and therefore refused to quash them.
Summary
The applicants, Mohammad Rehan and another, filed an application under Section 528 of the Criminal Procedure Code seeking to quash the charge sheet, cognizance order and a non‑bailable warrant issued in a criminal case involving offences under Sections 147, 148, 149, 353, 336 IPC and Section 7 of the CLA Act. The High Court examined the FIR, charge sheet and the impugned orders and found no ground for interference under Section 528. Consequently, the court refused the prayer to set aside the orders. However, the court directed the applicants 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 thereafter disposed of.
Issues considered
- Whether the High Court can quash the charge sheet, cognizance order and non‑bailable warrant under Section 528 CrPC in the present facts
- Whether any ground exists for interference with the criminal proceedings
Legislation cited
- CLA Act — s. 7
- Code of Criminal Procedure, 1973 — s. 528
- Indian Penal Code — s. 147, 148, 149, 336, 353
Subjects
- Section 528 CrPC
- quash of charge sheet
- non‑bailable warrant
- high court
- criminal procedure
- IPC offences
- surrender
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 32147 of 2026
Mohammad Rehan @ Rehan And Another
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Gulshad Ali, Mo Riyaz, Syed Ahmed
Faizan
Counsel for Opposite Party(s) : G.A.
Court No. - 79
HON'BLE SAURABH SRIVASTAVA, J.
1. Heard learned counsel for applicants and learned AGA appearing for the
State.
2. This present application has been filed for seeking quashing of charge
sheet no. 45 of 2018, cognizance order dated 12.02.2019 and Non-Bailable
Warrant dated 2.7.2026 passed in Case no. 2803 of 2019 arising out of Case
Crime no. 464 of 2017 under sections 147, 148, 149, 353, 336 IPC and
section 7 CLA Act, PS- Mainathe, District Moradabad.
3. On perusal of the narration of FIR as well as impugned order and
chargesheet, 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 along with entire
proceeding, can be set aside.
4. Accordingly, the prayer sought through the instant application, is refused.
5. Lastly, learned counsel for applicants has submitted that liberty may be
granted to applicants to surrender before the court concerned in pursuance to
NBW order to which learned AGA has no objection.
6. Considering the facts and circumstances of the matter, applicants are
directed to appear before the learned court concerned in pursuance to
impugned NBW order within four weeks from today. Till four weeks from
today, no coercive action shall be initiated against the applicants. After the
NA528 No. 32147 of 2026
2
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.
(Saurabh Srivastava,J.)
September 8, 2026
Shaswat
Digitally signed by :-
SHASWAT SINGH
High Court of Judicature at Allahabad
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