Allahabad High Court
IDDU SHEKHversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The court did not quash the non‑bailable warrant but ordered a three‑week stay of coercive action and directed expeditious consideration of bail upon the applicant's surrender.
Summary
The applicant, Iddu Shekh, filed an application under Section 528 of the Criminal Procedure Code seeking to quash a non‑bailable warrant dated 06‑09‑2024 and the Section 82 process in Sessions Case No.1253 of 2013, arising from offences under Sections 41, 411, 413 and 414 of the IPC before a Special Judge under the POCSO Act. He had previously been released on bail but failed to appear, leading to the issuance of the warrant. The applicant prayed for the warrant to be set aside, while the court considered a limited relief. The High Court declined to quash the warrant but directed that no coercive action be taken against the applicant for three weeks and that, if he surrenders within that period and applies for bail, the application shall be dealt with expeditiously without requiring fresh bail bonds. The court thus disposed of the application with these specific directions.
Issues considered
- Whether the non‑bailable warrant issued under Section 528 CrPC can be quashed.
- Whether a stay of coercive action is warranted pending the applicant's surrender and bail application.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528, 82
- Indian Penal Code — s. 41, 411, 413, 414
- Protection of Children from Sexual Offences Act, 2012
Subjects
- bail
- non-bailable warrant
- section 528 CrPC
- stay of coercive action
- criminal procedure
- POCSO
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 39720 of 2026
Iddu Shekh
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Anil Mishra, Jitendra Kumar Tiwari,
Rajesh Babu
Counsel for Opposite Party(s) : G.A.
Court No. - 79
HON'BLE SAURABH SRIVASTAVA, J.
1. Heard learned counsel for applicant and learned AGA.
2. The present application has been preferred for seeking quashing of non-
bailable warrant dated 06.09.2024 alongwith process of Section 82
Cr.P.C. issued in Sessions Case No.1253 of 2013 (State Vs. Iddu Shekh
and others), arising out of Case Crime No.410 of 2012, under Section 41,
411, 413, 414 IPC, P.S. G.R.P. Allahabad, District Allahabad, pending in
the court of learned Special Judge (POCSO Act), Allahabad.
3. At the very outset, learned counsel for applicant submitted that earlier
the applicant was released on bail and due to non appearance on the date
fixed before learned court, non-bailable warrant has been issued against
him. Learned counsel for applicant 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 applicant surrenders before it and applies
for bail in pursuance of NBW order dated 06.09.2024, 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 applicant
surrenders before the court concerned within a period of three weeks from
today and applies for bail in pursuance of NBW order dated 06.09.2024,
the same shall be considered and decided expeditiously in accordance
with settled law.
NA528 No. 39720 of 2026
2
5. However, it is made clear that till three weeks from today, no coercive
action shall be taken against the applicant herein in the present case and
also, he will not be compelled to produce fresh bail bonds and sureties in
pursuance of non-bailable warrant.
(Saurabh Srivastava,J.)
September 18, 2026
Vivek Kr.
Digitally signed by :-
VIVEK KUMAR
High Court of Judicature at Allahabad
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