Allahabad High Court
RAJ KUMAR ALIAS RAJ KUMAR CHAUDHARYversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The application under Section 528 BNSS is dismissed; the charge‑sheet, cognizance order, non‑bailable warrant and the proceedings stand.
Summary
The applicant filed an application under Section 528 BNSS seeking to quash the charge‑sheet dated 08‑08‑2007, the cognizance and summoning order dated 11‑06‑2008, the non‑bailable warrant dated 26‑04‑2023, and the entire criminal proceedings in Criminal Case No. 5835 of 2007. The High Court examined the record and found no ground for interference with the charge‑sheet, cognizance order, warrant or the proceedings. Consequently, the court refused the prayer to set aside those orders. The court, however, allowed the applicant liberty to surrender before the concerned court in compliance with the non‑bailable warrant, directing that no coercive action be taken for three weeks. After that period, the lower court was directed to proceed as per law.
Issues considered
- Whether the High Court can quash the charge‑sheet, cognizance/summoning order, non‑bailable warrant and the entire criminal proceedings under Section 528 BNSS.
Legislation cited
- Indian Penal Code — s. 504, 506
Subjects
- quash
- charge-sheet
- non-bailable warrant
- Section 528 BNSS
- criminal proceedings
- surrender
- coercive action
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 35859 of 2026
Raj Kumar Alias Raj Kumar Chaudhary
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Prem Sagar Mishra
Counsel for Opposite Party(s) : G.A.
Court No. - 79
HON'BLE SAURABH SRIVASTAVA, J.
1. On the request of learned counsel for applicant, this matter is
being taken up out of turn considering the urgency.
2. Heard learned counsel for applicant and learned A.G.A. for
State.
3. The present application under Section 528 BNSS has been
filed for quashing impugned charge-sheet dated 08.08.2007,
cognizance/summoning order dated 11.06.2008 and non-bailable
warrant dated 26.04.2023 as well as entire proceedings of
Criminal Case No.5835 of 2007 (State vs. Raj Kumar) arising out
of Case Crime No.536 of 2007, under sections 504, 506 IPC, P.S.
Khatauli, District- Muzaffar Nagar, pending in the court of
learned Additional Chief Judicial Magistrate, Court No.2,
Muzaffar Nagar.
4. On perusal of entire record appended along with instant
application, 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 charge-sheet, cognizance/summoning, non-bailable
warrant and entire criminal proceedings of the said case, can be
set aside.
5. Accordingly, the prayer sought through the instant application,
is refused.
NA528 No. 35859 of 2026
2
6. Lastly, learned counsel for applicant submitted that liberty may
be granted to applicant to surrender before the court concerned in
pursuance to non-bailable warrant dated 26.04.2023 issued
against him to which learned AGA has no objection.
7. In view of the aforesaid, the instant application is finally
disposed of with a direction to the applicant to appear before
learned court concerned in pursuance to non-bailable warrant
order dated 26.04.2023 within three weeks from today. Till three
weeks from today, no coercive action shall be initiated against
the applicant. After the expiry of aforesaid period of three weeks,
learned concerned court is directed to proceed as per law.
September 8, 2026
Saif
(Saurabh Srivastava,J.)
Digitally signed by :-
SHAIKH SAIF ABDIN
High Court of Judicature at Allahabad
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