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Allahabad High Court

PUSPENDRAversusSTATE OF U.P. THROUGH SECRETARY HOME, U.P. AT LUCKNOW AND ANOTHER

Decided

Holding

The High Court held that interim protection may be granted conditionally, subject to the applicant’s surrender within 15 days, after which the protection automatically vacates.

Summary

The applicant filed an application under Section 528 of the Criminal Procedure Code seeking to quash a non‑bailable warrant and the initiation of proceedings under Sections 82 and 83 CrPC in a criminal case (Crime No. 599 of 2018). The applicant argued that unavoidable circumstances prevented his appearance before the trial court and expressed willingness to surrender. The High Court, after hearing counsel, directed that if the applicant appears before the trial court within 15 days and moves for recall of the warrant and proceedings, the request will be considered expeditiously. The Court granted interim protection, prohibiting any coercive action against the applicant during the 15‑day period, but stipulated that the protection would automatically lapse if he fails to surrender. The application was consequently disposed of.

Issues considered

  • Whether the High Court may grant interim protection and stay coercive action pending the applicant's surrender under Section 528 CrPC.
  • Whether the applicant is entitled to recall the non‑bailable warrant and the proceedings under Sections 82 and 83 CrPC.

Legislation cited

Subjects

  • Section 528 CrPC
  • non‑bailable warrant
  • interim protection
  • surrender
  • recall of warrant
  • coercive action
  • criminal procedure

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD

            APPLICATION U/S 528 BNSS No. - 32458 of 2026

Puspendra
                                                              .....Applicant(s)
                                   Versus

State Of U.P. Through Secretary Home, U.P. At
Lucknow And Another                                              .....Opposite
                                                                       Party(s)

Counsel for Applicant(s)                    :   Binod Kumar Tripathi
Counsel for Opposite Party(s)               :

Court No. - 81
                   HON'BLE MADAN PAL SINGH, J.

1. Heard learned counsel for the applicants and the learned A.G.A. for the
State-respondent.

2. The present application has been filed for quashing the order dated
30.04.2026 whereby the trial court has issued non-bailable warrant as well as
initiated the proceedings under Section 82 and 83 Cr.P.C. against the
applicant in Case Crime No. 599 of 2018 ( State Vs. Lakhan & Ors), under
Sections 147, 323, 504. 506 and 307 IPC police Station- Kotwali Dehat,
District- Etah.

3. Learned counsel for the applicant submits that due to unavoidable
circumstances, the applicant could not appear before the trial court, on
account of which a non-bailable warrant has been issued against him and
proceedings under Sections 82 and 83 Cr.P.C. have also been initiated. It is
further submitted that the applicant is ready and willing to appear before the
trial court and cooperate with the proceedings. Learned counsel for the
applicant, therefore, prays that the applicant may be granted interim
protection to enable him to surrender before the court concerned.

4. In view of the aforesaid submissions and considering the facts and
circumstances of the case, it is provided that if the applicant appears before
the court concerned within 15 days from today and moves an application for
recall of the non-bailable warrant as well as for recalling the proceedings
under Sections 82 and 83 Cr.P.C., the same shall be considered and decided
expeditiously, strictly in accordance with law.

6. For a period of 15 days from today, or till the applicants surrender before
the court concerned, whichever is earlier, no coercive action shall be taken
                                                                                            NA528 No. 32458 of 2026
                                                                    2

                                    against the applicant.

                                    7. In case, the applicant fails to appear before the court concerned within the
                                    aforesaid period, the interim protection granted by this Court shall
                                    automatically stand vacated.

                                    8. With the aforesaid observations, the present application is disposed of.

                                    September 17, 2026
                                    Akbar
                                                                                           (Madan Pal Singh,J.)




Digitally signed by :-
MOHAMMAD AKBAR
High Court of Judicature at Allahabad


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