Allahabad High Court
FIRM MAJIDversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- DEEPAK VERMA
Holding
The Court dismissed the Section 528 application, directing that the applicant may seek bail within three weeks and staying the non‑bailable warrant pending surrender.
Summary
The applicant, Firm Majid, filed an application under Section 528 of the Criminal Procedure Code seeking to quash the criminal proceedings (case No. 1072 of 2015) against it for alleged criminal breach of trust under Section 406 IPC, including a summons order dated 11.07.2016 and a non‑bailable warrant dated 11.08.2017. The court heard arguments and noted that the applicant’s counsel suggested dismissing the 528 application and instead filing a bail application, relying on the Supreme Court’s decision in Satender Kumar Antil v. CBI. The court agreed, directing that if the applicant appears before the trial court within three weeks and files a bail application, it shall be decided expeditiously in accordance with the Supreme Court precedent. The non‑bailable warrant was ordered to remain in abeyance for three weeks or until the applicant surrenders, whichever is earlier. The petition was consequently disposed.
Issues considered
- Whether the application under Section 528 of the CrPC to quash the criminal proceedings is maintainable.
- Whether the applicant should be permitted to seek bail instead of quashing the case, in view of the Supreme Court decision in Satender Kumar Antil v. CBI.
- Whether the non‑bailable warrant issued against the applicant should be stayed pending surrender or bail application.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Indian Penal Code — s. 406
Subjects
- criminal procedure
- Section 528 application
- quash of criminal proceedings
- bail
- non‑bailable warrant
- Supreme Court precedent
- criminal breach of trust
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 38668 of 2026
Firm Majid
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite Party(s)
Counsel for Applicant(s) : Mukesh Joshi
Counsel for Opposite Party(s) : G.A.
Court No. - 74
HON'BLE DEEPAK VERMA, J.
1. Heard learned counsel for applicant; learned A.G.A. for State and perused the
record.
2. The instant 528 BNSS Application has been filed with a prayer to quash the entire
proceeding of the case no. 1072 of 2015 (Satyabhan Gangwar Vs. Firm Majid Sons
Exporter, Proprietor Faisal Majid), Under Section 406 IPC, Police Station-Kayamganj,
District Farrukhabad, pending in the court of learned Judicial Magistrate, Kayamganj,
Farrukhabad, as well as impugned summoning order dated 11.07.2016 passed therein
as well as non-bailable warrant dated 11.08.2017.
3. After arguing the matter at some extent, learned counsel for applicant submits that
present application may be dismissed as not pressed with liberty to file a bail
application which may be decided in view of law laid down by Supreme Court in
"Satender Kumar Antil Vs. Central Bureau of Investigation and another,
reported in 2021 SCC OnLine SC 922" to which learned A.G.A. has no objection.
4. In view of the above, it is provided that in case the applicant appears before the trial
court within three weeks from today and applies for bail, the same shall be decided
expeditiously, in view of the law laid down by the Apex Court in Satender Kumar
Antil (supra).
5. For the period of three weeks from today or till the time of surrender of the
applicant before the Court below, whichever is earlier, non-bailable warrant issued
against the applicant shall be kept in abeyance.
6. The petition is disposed off accordingly.
September 14, 2026
Nitin Verma
(Deepak Verma,J.)
Digitally signed by :-
NITIN KUMAR VERMA
High Court of Judicature at Allahabad
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