Allahabad High Court
VANSHRAJversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The High Court held that there were no grounds to interfere and therefore refused to quash the summoning order and the non‑bailable warrant.
Summary
The applicant filed an application under Section 528 of the Criminal Procedure Code seeking to quash a summoning order dated 19‑02‑2011 and a non‑bailable warrant dated 23‑06‑2024 issued in Criminal Case No. 19/11, which involved offences under Sections 323, 325, 504 and 506 of the IPC. The High Court examined the record and found no sufficient ground to interfere with the lower court's orders. Consequently, the court refused to quash the summoning order or the warrant. However, the court directed the applicant to surrender before the concerned court within three weeks, during which no coercive action would be taken, noting that bail had already been granted and no fresh bond was required. After the three‑week period, the lower court may proceed as per law. The application was therefore disposed of.
Issues considered
- Whether the High Court can quash the summoning order and the non‑bailable warrant under Section 528 CrPC.
- Whether there exist sufficient grounds for interference with the proceedings of the lower court.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Indian Penal Code — s. 323, 325, 504, 506
Subjects
- Section 528 CrPC
- quashing of FIR
- non‑bailable warrant
- bail
- surrender
- High Court
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 36796 of 2026
Vanshraj
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Rajendra Prasad Pathak, Santosh
Kumar Dubey, Vinay Bhushan
Upadhyay
Counsel for Opposite Party(s) : G.A.
Court No. - 79
HON'BLE SAURABH SRIVASTAVA, J.
1. Heard learned counsel for applicant and learned AGA appearing for the
State.
2. This present application has been filed for seeking quashing of
summoning order dated 19.2.2011 passed by learned Judicial Magistrate,
Chandauli, Non-Bailable Warrant dated 23.6.2024 along with entire
proceeding of Case no. 19/11 under sections 323, 325, 504, 506 IPC, PS-
Dhanapur, District Chandauli.
3. On perusal of the record, 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 applicant 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, applicant is
directed to appear before the learned court concerned in pursuance to
impugned NBW order within three weeks from today. Till three weeks from
today, no coercive action shall be initiated against the applicant. After the
NA528 No. 36796 of 2026
2
expiry of aforesaid period of three weeks, learned concerned court is
directed to proceed as per law. It is also informed by learned counsel for the
applicant that applicant has already been granted bail and as such no fresh
bond and surety will be required by the learned court concerned.
7. With the aforesaid observation, the application is disposed of.
(Saurabh Srivastava,J.)
September 17, 2026
Shaswat
Digitally signed by :-
SHASWAT SINGH
High Court of Judicature at Allahabad
Checking your session…