Allahabad High Court
AKUP AND ANOTHERversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The court held that there were no grounds to quash the charge‑sheet or the non‑bailable warrant, and therefore dismissed the application.
Summary
The applicants, Akup and another, filed an application under Section 528 of the Criminal Procedure Code seeking to quash a charge‑sheet dated 19‑08‑2011 and a non‑bailable warrant dated 29‑01‑2014 issued in a case arising out of NCR No.53 of 2011 under IPC sections 323, 504 and 506. The High Court examined the record and found no ground for interference with the charge‑sheet, warrant or the proceedings. Consequently, the court refused the prayer to quash the documents. However, the court permitted the applicants to surrender before the concerned court within three weeks, directing that no coercive action be taken during that period, after which the matter would proceed as per law. The court also noted that the applicants had already been granted bail and should not be compelled to furnish a fresh bond. The application was therefore disposed of.
Issues considered
- Whether the charge‑sheet and non‑bailable warrant can be quashed under Section 528 CrPC.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Indian Penal Code — s. 323, 504, 506
Subjects
- quash of criminal proceedings
- Section 528 CrPC
- charge-sheet
- non-bailable warrant
- IPC sections 323,504,506
- bail
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 38240 of 2026
Akup And Another
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Shamshad Ahmad
Counsel for Opposite Party(s) : G.A.
Court No. - 79
HON'BLE SAURABH SRIVASTAVA, J.
1. Heard learned counsel for applicants and learned AGA appearing for the
State.
2. The present application has been filed for seeking quashing of the charge-
sheet dated 19.08.2011 as well as non-bailable warrant dated 29.01.2014
passed by learned Additional Chief Judicial Magistrate-IV, Mathura in Case
No.3284/IX/2016, arising out of NCR No.53 of 2011, under sections 323,
504, 506 IPC, P.S. Govardhan, District- Mathura, including the entire
proceedings of above-mentioned case.
3. On perusal of entire record appended along with instant application, 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 charge-sheet, non-bailable warrant and the
proceedings of said case, can be set aside.
4. Accordingly, the prayer sought through the instant application, is refused.
5. Thereafter, learned counsel for applicants has submitted that liberty may
be granted to applicants to surrender before the court concerned in pursuance
to non-bailable warrant dated 29.01.2014, to which learned AGA has no
objection.
6. Considering the facts and circumstances of the matter, applicants are
directed to appear before the learned court concerned in pursuance to
impugned non-bailable warrant dated 29.01.2014 within three weeks from
today. Till three weeks from today, no coercive action shall be initiated
NA528 No. 38240 of 2026
2
against the applicants. After the expiry of aforesaid period of three weeks,
learned concerned court is directed to proceed as per law.
7. Lastly, learned counsel for the applicants submits that applicants have
already been granted bail in this case and as such learned court concerned
may not compel them to prefer fresh bond and surety.
8. With the aforesaid observation, the application is disposed of.
September 17, 2026
Saif
(Saurabh Srivastava,J.)
Digitally signed by :-
SHAIKH SAIF ABDIN
High Court of Judicature at Allahabad
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