Allahabad High Court
KRISHNA KUMAR SINGH AND ANOTHERversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The High Court held that there is no ground to quash the non‑bailable warrant or the process, and dismissed the application.
Summary
The applicants filed a Section 528 CrPC application seeking to quash a non‑bailable warrant and the process under Sections 82 and 83 CrPC dated 05‑06‑2023 issued by the Additional Chief Judicial Magistrate, Varanasi, in a case involving offences under Sections 147, 332, 353, 336 and 427 IPC. The High Court examined the FIR, the impugned order and the charge‑sheet and concluded that no ground existed for interference with the warrant or the proceedings. Accordingly, the court refused to set aside the non‑bailable warrant or the process. The court directed that the applicants may surrender within three weeks and apply for bail, and that no coercive action be taken against them during that period, with existing bail bonds to be accepted. The application was dismissed with the aforesaid directions.
Issues considered
- Whether the High Court can quash the non‑bailable warrant and the process under Sections 82 and 83 CrPC.
- Whether any ground exists for interference with the order and charge‑sheet in the underlying criminal case.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528, 82, 83
- Indian Penal Code — s. 147, 332, 336, 353, 427
Subjects
- Section 528 CrPC
- non‑bailable warrant
- quash of warrant
- bail application
- criminal procedure
- coercive action
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 36938 of 2026
Krishna Kumar Singh And Another
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Ashish Kumar Gupta, Shaswat Soni
Counsel for Opposite Party(s) : G.A.
Court No. - 79
HON'BLE SAURABH SRIVASTAVA, J.
1. Heard learned counsel for applicants and learned AGA.
2. This present application has been filed for seeking quashing of the
impugned N.B.W. as well as process under Sections 82 and 83 of Cr.P.C.
dated 05.06.2023 passed by Additional Chief Judicial Magistrate, Court
No.5, Varanasi in Case No.2703634 of 2012 (State Vs. Pradeep Kumar and
others) arising out of Case Crime No.137 of 1992, under Sections 147, 332,
353, 336, 427 IPC, P.S. Bhelupur, District Varanasi, pending in the Court of
Additional Chief Judicial Magistrate Court No.5, District Varanasi.
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 chargesheet
and entire proceedings of the said case, 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 and apply for
bail in pursuance of non bailable warrant issued against applicants to which
learned AGA has no objection.
6. In view of the aforesaid, the instant application is finally disposed of with
a direction to the court concerned that in case, the applicants surrender
before the court concerned within a period of three weeks from today and
applies for bail in pursuance of NBW order dated 10.06.2026, the same shall
NA528 No. 36938 of 2026
2
be considered and decided expeditiously in accordance with settled law.
7. However, it is made clear that till three weeks from today, no coercive
action shall be taken against the applicants herein in the present case and
also they will not be compelled to produce fresh bail bonds and sureties in
pursuance of non-bailable warrant, as applicants have already extended
bail.
September 11, 2026
Ashish/-
(Saurabh Srivastava,J.)
Digitally signed by :-
ASHISH KUMAR SINGH
High Court of Judicature at Allahabad
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