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Allahabad High Court

FIRM MAJIDversusSTATE OF U.P. AND ANOTHER

Decided

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

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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