Allahabad High Court
RAJNISH KUMARversusSTATE OF UP AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The court held that there were no grounds to quash the non‑bailable warrant, and therefore dismissed the application.
Summary
The applicant, Rajnish Kumar, filed an application under Section 528 of the Criminal Procedure Code seeking to quash a non‑bailable warrant dated 30 May 2026 issued in Criminal Case No. 470 of 2008 (sections 420, 467, 468, 471 IPC). The High Court examined the FIR, the impugned order and the charge‑sheet and found no ground for interference under Section 528. Consequently, the court refused the prayer to set aside the warrant. However, the court directed the applicant to surrender before the concerned court within three weeks, with a stay on any coercive action during that period. After the three‑week period, the concerned court may proceed as per law. The application was therefore disposed of.
Issues considered
- Whether the non‑bailable warrant can be quashed under Section 528 of the Criminal Procedure Code.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Indian Penal Code — s. 420, 467, 468, 471
Subjects
- Section 528 CrPC
- Non‑bailable warrant
- quash
- IPC offences
- surrender
- High Court
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 38055 of 2026
Rajnish Kumar
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Sukesh Kumar
Counsel for Opposite Party(s) : G.A.
Court No. - 79
HON'BLE SAURABH SRIVASTAVA, J.
1. Heard learned counsel for parties.
2. This present application has been filed for seeking quashing of
Non-Bailable Warrant dated 30.5.2026 passed in Case no. 1488
of 2009 arising out of Case Crime no. 470 of 2008 under sections
420, 467, 468, 471 IPC, PS- Civil Lines, District Etawah.
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, can be set aside.
4. Accordingly, the prayer sought through the instant application,
is refused.
5. 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.
6. Considering the facts and circumstances of the matter,
applicant is directed to appear before the learned court concerned
in pursuance to impugned NBW order within three weeks from
today. Till three weeks from today, no coercive action shall be
NA528 No. 38055 of 2026
2
initiated against the applicant. After the expiry of aforesaid period
of three weeks, learned concerned court is directed to proceed as
per law.
7. 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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