Allahabad High Court
NAJIRA BEGAM AND ANOTHERversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- DEEPAK VERMA
Holding
The court declined to quash the proceeding but directed the applicants to seek bail within three weeks and kept the non‑bailable warrant in abeyance.
Summary
The applicants filed an application under Section 528 of the Criminal Procedure Code seeking to quash the proceedings of Complaint Case No. 237 of 2014, which involved charges under IPC sections 498, 406 and 506. The State opposed the application and the matter was heard by the Hon'ble Justice Deepak Verma. The court noted the Supreme Court’s decision in Satender Kumar Antil v. Central Bureau of Investigation (2021 SCC OnLine SC 922) and, without granting a quash, directed the applicants to appear before the trial court within three weeks to file a bail application. The court ordered that any non‑bailable warrant issued against the applicants be kept in abeyance during this period. Accordingly, the petition was disposed, with the bail application to be decided expeditiously in line with the Supreme Court precedent.
Issues considered
- Whether the application under Section 528 CrPC to quash the criminal proceeding is maintainable.
- Whether the applicants are entitled to bail pending trial under the principles laid down in Satender Kumar Antil v. CBI.
- Whether the non‑bailable warrant issued against the applicants should be stayed.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528, 82
- Indian Penal Code — s. 406, 498, 506
Subjects
- Criminal Procedure
- Bail
- Section 528 CrPC
- Section 82 CrPC
- IPC Sections 498, 406, 506
- Non‑bailable warrant
- Quash of criminal proceeding
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 37324 of 2026
Najira Begam And Another
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite Party(s)
Counsel for Applicant(s) : Prashant Drivedi
Counsel for Opposite Party(s) : G.A.
Court No. - 74
HON'BLE DEEPAK VERMA, J.
1. Heard learned counsel for applicants; learned A.G.A. for State and perused the
record.
2. The instant 528 BNSS Application has been filed with a prayer to quash the entire
proceeding of Complaint Case No. 237 of 2014 (Riyajul Vs. Shahid and others) under
section 498,406,506 IPC Police Station-Mangalpur District-Kanpur Dehat along with
order of N.B.W. dated 07-07-2022 and also initiated proceeding under section 82
Cr.P.C. against the applicants.
3. After arguing the matter at some extent, learned counsel for applicants submits that
present application may be dismissed as not pressed with liberty to file a bail
application which may be decided in view of law laid down by Supreme Court in
"Satender Kumar Antil Vs. Central Bureau of Investigation and another,
reported in 2021 SCC OnLine SC 922" to which learned A.G.A. has no objection.
4. In view of the above, it is provided that in case the applicants appear before the trial
court within three weeks from today and apply for bail, the same shall be decided
expeditiously, in view of the law laid down by the Apex Court in Satender Kumar
Antil (supra).
5. For the period of three weeks from today or till the time of surrender of the
applicants before the Court below, whichever is earlier, non-bailable warrant issued
against the applicants shall be kept in abeyance.
6. The petition is disposed off accordingly.
September 8, 2026
Nitin Verma
(Deepak Verma,J.)
Digitally signed by :-
NITIN KUMAR VERMA
High Court of Judicature at Allahabad
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