Allahabad High Court
DR. MOHD. UMARversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- DEEPAK VERMA
Holding
The High Court dismissed the application under Section 528, holding that the pending revision petition is the proper remedy and it will not interfere with the trial court’s order.
Summary
The applicant, Dr. Mohd. Umar, filed an application under Section 528 of the Criminal Procedure Code seeking to quash a non‑bailable warrant dated 13‑08‑2026 issued in Complaint Case No. 2035 of 2025 (Nazarul v. Dr. Mohd. Umar) under Section 304 IPC. The warrant was issued by the Chief Judicial Magistrate, Sambhal, after the applicant had filed a revision petition challenging the summoning order dated 11‑07‑2025, which is pending before the District & Sessions Judge. The applicant argued that the pending revision provides a complete remedy and the warrant should be set aside. The State opposed the application. The High Court held that the appropriate forum to raise all grievances is the revisional court and therefore declined to interfere with the trial court’s order, dismissing the Section 528 application.
Issues considered
- Whether the High Court can quash a non‑bailable warrant issued by a magistrate when a revision petition against the summoning order is pending.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Indian Penal Code — s. 304
Subjects
- bail
- non-bailable warrant
- Section 528 CrPC
- revision petition
- criminal procedure
- High Court interference
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 37357 of 2026
Dr. Mohd. Umar
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Prashant Kumar, Pankaj Kumar Gupta
Counsel for Opposite Party(s) : G.A.
Court No. - 74
HON'BLE DEEPAK VERMA, J.
1. Heard learned counsel for the applicant and learned AGA for the State.
2. The present application U/s 528 BNSS has been filed to quash the
impugned order dated 13.08.2026 passed in Complaint Case No. 2035 of
2025, Nazarul Vs. Dr. Mohd. Umar and others, under Section 304 IPC,
Police Station-Nakasha, District-Sambhal, pending in the Court of Chief
Judicial Magistrate, Sambhal situated at Chandausi whereby the learned
court below has directed issuance of Non-Bailable Warrant against the
applicant.
3. Learned counsel for the applicants submits that the applicant has
preferred a revision petition against the order dated 11.07.2025 by which
the applicant was summoned by the trial court and the revision is pending
before the learned District & Sessions Judge, Sambhal, situated at
Chandausi. During the pendency of the revision, the applicant has
challenged the non-bailable warrant issued against the applicant vide
order dated 13.08.2026.
4. Per contra, learned AGA vehemently opposed the submissions made by
learned counsel for the applicant.
5. Considering the facts and circumstances of the case, this Court finds
that since the revision is pending against the summoning order, the
applicant has the remedy to raise all his grievances before the revisional
court. At this stage, this Court is not inclined to interfere with the order
passed by the trial court.
NA528 No. 37357 of 2026
2
6. Accordingly, the present application u/s 528 BNSS is dismissed.
(Deepak Verma,J.)
September 8, 2026
Nisha
Digitally signed by :-
nisha kumari
High Court of Judicature at Allahabad
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