Allahabad High Court
RAJ KUMARIversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The Court held that there were no sufficient grounds to set aside the non‑bailable warrant and consequently refused the application for recall.
Summary
The applicant, Raj Kumari, filed an application under Section 528 of the CrPC seeking recall of a non‑bailable warrant dated 3‑Jan‑2026 and a consequential order dated 5‑June‑2026 issued by the Judicial Magistrate, Baberu, in a case arising from offences under Sections 420 and 468 IPC. The High Court examined the FIR and the impugned orders and found no ground for interference, thereby refusing the prayer for recall. The applicant subsequently withdrew the request for quashment and expressed willingness to surrender and file a bail application. The Court permitted surrender within 15 days, barred any coercive action during that period, and directed that the bail application be decided in line with the Supreme Court’s decision in Satender Kumar Antil v. CBI. The application was consequently disposed.
Issues considered
- Whether the High Court can recall a non‑bailable warrant and the consequential order under Section 528 CrPC.
- Whether any ground exists for interference with the NBW in the present facts.
- Whether the applicant may surrender and subsequently move a bail application.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
Subjects
- Non‑bailable warrant
- Section 528 CrPC
- Recall of warrant
- Bail application
- Surrender
- Coercive action
- Criminal Procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 38719 of 2026
Raj Kumari
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Sanjay Pandey
Counsel for Opposite Party(s) : G.A.
Court No. - 79
HON'BLE SAURABH SRIVASTAVA, J.
1. This matter is being taken up out of turn from the category of cases
which have been mentioned in the morning on account of urgency. Heard
learned counsel for parties.
2. This present application has been filed for seeking recall of NBW order
dated 3.1.2026 as well as consequential order dated 5.6.2026 passed by
learned Judicial Magistrate, Baberu, Banda in Case no. 1372/IX/2016 arising
out of Case Crime no. 83 of 2016 under sections 420, 468 IPC, PS-
Kamasin, District Banda.
3. On perusal of the narration of FIR as well as impugned NBW order, 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 NBW order along with entire proceeding,
can be set aside.
4. Accordingly, the prayer sought through the instant application, is refused.
5. Lastly, learned counsel for the applicant has submitted that he
relinquishes the prayer for quashment and wishes to surrender and move bail
application before the trial court.
6. Learned AGA has no objection to the prayer so made.
7. Considering the above submissions and taking into consideration the facts
and circumstances of the case, it is provided that in case the applicant
NA528 No. 38719 of 2026
2
surrenders in pursuance to NBW issued against him, before the court
concerned within 15 days from today and thereafter move application for
bail, if there is no other legal impediment before learned court concerned,
the same shall be considered and disposed of in accordance with law laid
down in the case of Satender Kumar Antil Vs. Central Bureau of
Investigation and another (2022 SCC OnLine SC 825).
8. For a period of 15 days from today, no coercive action shall be taken
against the applicant.
9. It is made clear that in the event no such application is moved within the
time prescribed above, this order will be of no avail to the applicant.
10. With the above direction, the instant application stands disposed of.
(Saurabh Srivastava,J.)
September 21, 2026
Shaswat
Digitally signed by :-
SHASWAT SINGH
High Court of Judicature at Allahabad
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