Allahabad High Court
SMT AMNA BEGUMversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- MADAN PAL SINGH
Holding
The court refused to quash the criminal proceedings, granting only conditional interim protection subject to the applicant’s appearance and filing of recall and bail applications.
Summary
The applicant, Smt Amna Begum, filed an application under Section 528 of the Criminal Procedure Code seeking to quash the entire criminal proceedings (Case No. 1502515 of 2016) arising from an FIR dated 2000 that alleged offences under Sections 206, 406, 418, 419, 420, 424 and 120‑B of the IPC. Non‑bailable warrants had been issued against her and bail applications under Sections 82 and 83 CrPC were pending. The applicant expressed willingness to appear before the trial court and requested interim protection to surrender. The High Court, after considering the submissions, refused to quash the charge‑sheet, cognizance order or the proceedings, but directed that no coercive action be taken for twenty days provided the applicant appears before the trial court, recalls the non‑bailable warrant and files the bail applications. The interim protection would lapse automatically if the applicant fails to comply within the stipulated period. The application was thereafter disposed.
Issues considered
- Whether the High Court can quash the criminal proceedings under Section 528 CrPC in the present circumstances.
- Whether interim protection can be granted to the applicant pending surrender and filing of bail applications.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528, 82, 83
- Indian Penal Code — s. 120-B, 206, 406, 418, 419, 420, 424
Subjects
- quash criminal proceedings
- Section 528 CrPC
- non‑bailable warrant
- bail under Sections 82 and 83 CrPC
- interim protection
- surrender
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 32517 of 2026
Smt Amna Begum
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Sheikh Moazzam Inam
Counsel for Opposite Party(s) : G.A.
Court No. - 81
HON'BLE MADAN PAL SINGH, J.
1. Heard learned counsel for the applicant and the learned A.G.A. for the
State-respondent.
2. The present application has been filed for quashing entire proceeding of
Case No. 1502515 of 2016 (State. Vs. Amna Begum and Others), arising out
of Case Crime No. 187 of 2000 Under Sections 206, 406, 418, 419, 420,
424, 120-B I.P.C Police Station Neoria, District Pilibhit, pending in the court
of Judicial Magistrate, Pilibhit.
3. Learned counsel for the applicants submits that the applicants does not
wish to press the prayer for quashing the entire criminal proceedings on
merits. It is further submitted that the applicants are ready to appear before
the trial court and cooperate with the trial. It is further submitted that non-
bailable warrants have been issued against the applicants and proceedings
under Sections 82 and 83 Cr.P.C. have also been initiated. The applicants
prays that they may be granted interim protection to surrender before the
court concerned.
4. In view of the aforesaid submissions and considering the facts and
circumstances of the case, the prayer for quashing the charge-sheet,
cognizance order and the entire criminal proceedings is hereby refused.
5. However, it is provided that if the applicants appear before the court
concerned within twenty days from today and file recall of the NBW as well
as 82 & 83 Cr.P.C., the same shall be considered and decided expeditiously,
strictly in accordance with law.
6. For a period of twenty days from today, or till the applicants surrender
before the court concerned, whichever is earlier, no coercive action shall be
NA528 No. 32517 of 2026
2
taken against the applicants.
7. In case, the applicants fail 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 and directions, 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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