Allahabad High Court
IRFAN AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The court refused to quash the non‑bailable warrant and ordered the applicants to surrender within three weeks.
Summary
The applicants filed an application under Section 528 of the Criminal Procedure Code seeking to quash a non‑bailable warrant (NBW) dated 27‑09‑2021 issued in a 2010 case involving offences under Sections 323, 324, 504 and 506 IPC. They argued that they had already been granted bail but failed to appear on certain dates, leading to the issuance of the NBW. The High Court examined the record and found no sufficient ground to interfere with or set aside the warrant. Consequently, the court refused the prayer to quash the NBW. However, the court directed the applicants to surrender before the trial court within three weeks, with a stay on any coercive action during that period, and noted that no fresh bond would be required as bail had already been granted. The application was thereafter disposed of.
Issues considered
- Whether the non‑bailable warrant issued in the underlying criminal case can be quashed under Section 528 CrPC.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
Subjects
- Section 528 CrPC
- non‑bailable warrant
- quash application
- bail
- High Court
- procedural law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 38420 of 2026
Irfan And 2 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Vinod Singh
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 27.9.2021 in Case no. 1120 of 2010 (State vs. Irfan
and others) arising out of Case Crime no. 234 of 2010 under sections 323,
324 504, 506 IPC, Police Station- Dibai, District Bulandshahar.
3. Learned counsel for applicants submitted that applicants have 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
applicants.
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 applicants has submitted that liberty may be
granted to applicants 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, applicants are
directed to appear before the learned court concerned in pursuance to
impugned NBW order within three weeks from today. Till three weeks from
NA528 No. 38420 of 2026
2
today, no coercive action shall be initiated against the applicants. 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 applicants that applicants have 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.
(Saurabh Srivastava,J.)
September 11, 2026
Shaswat
Digitally signed by :-
SHASWAT SINGH
High Court of Judicature at Allahabad
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