Allahabad High Court
SMT SANGEETA RANI CHAUDHARYversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The court held that it would not quash the non‑bailable warrant but would stay coercive action for three weeks and direct that any bail application filed within that period be decided expeditiously.
Summary
Smt Sangeeta Rani Chaudhary filed an application under Section 528 of the CrPC seeking to quash a non‑bailable warrant dated 10‑03‑2008 and related orders dated 24‑11‑2011 and 21‑12‑2011 in a criminal case involving offences under Sections 420, 467, 468 and 471 IPC. The applicant limited her prayer to a direction that, should she surrender within three weeks, any bail application arising from the warrant be decided expeditiously, and that no coercive action be taken against her during that period. The court examined the scope of relief permissible under Sections 82 and 83 CrPC and the applicant’s limited request. It declined to quash the warrant but ordered that no coercive measures be taken for three weeks and that any bail application filed within that time be dealt with promptly in accordance with settled law. The application was therefore disposed with the said directions.
Issues considered
- Whether the non‑bailable warrant and the orders dated 24‑11‑2011 and 21‑12‑2011 can be quashed under Section 528 CrPC
- Whether the court can stay coercive action against the applicant for a specified period
- Whether the court can direct expeditious consideration of a bail application upon surrender
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528, 82, 83
- Indian Penal Code — s. 420, 467, 468, 471
Subjects
- non-bailable warrant
- bail
- Section 528 CrPC
- stay of coercive action
- expeditious bail consideration
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 37568 of 2026
Smt Sangeeta Rani Chaudhary
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Ken Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 79
HON'BLE SAURABH SRIVASTAVA, J.
1. Heard learned counsel for applicant and learned AGA.
2. The present application has been preferred for seeking quashing of non-
bailable warrant dated 10.03.2008 along with orders dated 24.11.2011 and
21.12.2011 through process under Section 82 and 83 Cr.P.C. were issued in
Criminal Case No.1875 of 2007, New Case No.2365 of 2011 (State Vs.
Sangita Rani and another), arising out of Case Crime No.20 of 2006, under
Section 420, 467, 468, 471 IPC, P.S. Mantola, District Agra, pending in the
court of learned Additional Chief Judicial Magistrate-Ist, Agra.
3. At the very outset, learned counsel for applicant confined his prayer only
to the extent that the present application may be disposed of finally with a
direction to the court concerned that in case applicant surrenders before it
and applies for bail in pursuance of NBW order dated 10.03.2008, the same
may be considered and decided expeditiously in accordance with law to
which learned AGA has no objection.
4. In view of the aforesaid, the instant application is finally disposed of with
a direction to the court concerned that in case, the applicant surrenders
before the court concerned within a period of three weeks from today and
applies for bail in pursuance of NBW order dated 10.03.2008, the same shall
be considered and decided expeditiously in accordance with settled law.
5. However, it is made clear that till three weeks from today, no coercive
action shall be taken against the applicant herein in the present case.
September 9, 2026
Vivek Kr.
(Saurabh Srivastava,J.)
Digitally signed by :-
VIVEK KUMAR
High Court of Judicature at Allahabad
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