Allahabad High Court
JALALUDDINversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The High Court refused to quash the non‑bailable warrant, directing the applicant to surrender within three weeks.
Summary
The applicant filed an application under Section 528 of the Criminal Procedure Code seeking to quash a non‑bailable warrant (NBW) issued by the Gram Nyayalaya, Gorakhpur, after missing court dates despite having been granted bail. The High Court examined the record and found no sufficient ground to interfere with the NBW order. Consequently, the court refused to set aside 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, and noted that no fresh bond or surety was required as bail had already been granted. The application was therefore disposed of.
Issues considered
- Whether the order of the Gram Nyayalaya issuing a non‑bailable warrant can be quashed under Section 528 CrPC.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 299, 528
- Indian Penal Code — s. 279, 304A
Subjects
- Section 528 CrPC
- non‑bailable warrant
- bail
- quash order
- criminal procedure
- Allahabad High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 37998 of 2026
Jalaluddin
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Anil Kumar Pandey
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 order
dated 13.8.2026 passed by learned Judicial Officer, Gram Nyayalaya,
Campierganj, Gorakhpur in Case no. 485 of 2022 arising out of Case
Crime no. 275 of 2021 under sections 279, 304A of IPC, Police Station-
Pipiganj, District Gorakhpur whereby proceedings under Section 299
Cr.P.C. have been directed against the applicant.
3. Learned counsel for applicant submitted that applicant has already been
granted bail by learned court concerned but due to absence on certain
dates, it culminated into impugned Non-Bailable Warrant issued against
the applicant.
4. 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 can be set aside.
5. Accordingly, the prayer sought through the instant application, is
refused.
6. Lastly, learned counsel for applicant 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.
7. Considering the facts and circumstances of the matter, applicant is
NA528 No. 37998 of 2026
2
directed to appear before the learned court concerned in pursuance to
NBW order within three weeks from today. Till three weeks from today,
no coercive action shall be initiated against the applicant. After the expiry
of aforesaid period of three weeks, learned concerned court is directed to
proceed as per law. Since, it is 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.
8. With the aforesaid observation, the application is disposed of.
September 17, 2026
Shaswat
(Saurabh Srivastava,J.)
Digitally signed by :-
SHASWAT SINGH
High Court of Judicature at Allahabad
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