Allahabad High Court
KALIKA PRASAD AND ANOTHERversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The Court did not quash the non‑bailable warrant but ordered that no coercive action be taken for three weeks and that any surrender and bail application within that period be dealt with expeditiously.
Summary
The applicants filed an application under Section 528 of the Criminal Procedure Code seeking quashing of a non‑bailable warrant dated 07‑05‑1997 that had been issued in Crime No. 322 of 1994 for offences under Sections 457, 380 and 411 of the Indian Penal Code. The warrant was issued after the applicants, who had earlier been released on bail, failed to appear before the Additional Chief Judicial Magistrate, Prayagraj. The applicants prayed that the warrant be set aside and that they be allowed to surrender and apply for bail without further coercive action. The Court declined to quash the warrant but directed that no coercive action be taken for three weeks and that, if the applicants surrender within that period and apply for bail, their application be considered expeditiously in accordance with law. The order also clarified that the applicants would not be required to produce fresh bail bonds or sureties during the three‑week period.
Issues considered
- Whether the non‑bailable warrant issued under Section 528 CrPC can be quashed.
- Whether the applicants can be protected from coercive action pending surrender and bail application.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Indian Penal Code — s. 380, 411, 457
Subjects
- quashing of warrant
- non‑bailable warrant
- Section 528 CrPC
- IPC Sections 457, 380, 411
- bail
- coercive action
- surrender
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 39490 of 2026
Kalika Prasad And Another
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Nalinee Singh, Vinod Kumar Tirpathi
Counsel for Opposite Party(s) : G.A.
Court No. - 79
HON'BLE SAURABH SRIVASTAVA, J.
1. Heard learned counsel for applicants and learned AGA.
2. The present application has been preferred for seeking quashing of
non-bailable warrant dated 07.05.1997 issued in Case Crime No.322
of 1994, under Sections 457, 380, 411 IPC, P.s. Meja, District
Prayagraj, pending before Additional Chief Judicial Magistrate,
Prayagraj.
3. At the very outset, learned counsel for applicants submitted that
earlier the applicants were released on bail and due to non
appearance on the date fixed before learned court, non-bailable
warrants have been issued against them. Learned counsel for
applicants confined his prayer only to the extent that the present
application may be disposed of finally with a direction to the court
concerned that in case applicants surrender before it and apply for
bail in pursuance of NBW order dated 07.05.1997, the same may be
considered and decided expeditiously in accordance with law to
which learned AGA has no objection.
4. In view of the aforesaid, the instant application is finally disposed
of with a direction to the court concerned that in case, the applicants
surrender before the court concerned within a period of three weeks
from today and apply for bail in pursuance of NBW order dated
07.05.1997, the same shall be considered and decided expeditiously
in accordance with settled law.
NA528 No. 39490 of 2026
2
5. However, it is made clear that till three weeks from today, no
coercive action shall be taken against the applicants herein in the
present case and also, they will not be compelled to produce fresh
bail bonds and sureties in pursuance of non-bailable warrant.
September 17, 2026
Ashish/-
(Saurabh Srivastava,J.)
Digitally signed by :-
ASHISH KUMAR SINGH
High Court of Judicature at Allahabad
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