Allahabad High Court
HUZAIFAversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- GAUTAM CHOWDHARY
Holding
The Court refused to quash the non‑bailable warrant, holding that the application raised factual disputes and was not fit for quashing under Section 528.
Summary
The applicant, Huzaifa, filed an application under Section 528 of the BNSS seeking to quash a non‑bailable warrant dated 24‑01‑2016 issued by the Additional Chief Judicial Magistrate, Bulandshahar, in Criminal Case No. 724 of 2016. The warrant arose from charges under several IPC sections (147, 148, 336, 307, 436, 341, 353, 3312) together with provisions of the Prevention of Damage to Public Property Act and the Criminal Law (Amendment) Act. The applicant contended that no offence was disclosed against him and that the prosecution was instituted with malafide intent to harass him. The Court examined the materials and held that the application involved factual disputes and an appraisal of evidence, making it unsuitable for quashing at this stage. Consequently, the Court refused to quash the warrant but directed that the warrant be kept in abeyance for twenty days, during which the applicant may surrender and apply for bail. The application was thereafter disposed of.
Issues considered
- Whether the non‑bailable warrant can be quashed under Section 528 of the BNSS.
- Whether the applicant’s claim of malafide prosecution and lack of disclosed offence warrants dismissal of the warrant.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Criminal Law Amendment Act — s. 7
- Indian Penal Code — s. 147, 148, 307, 3312, 336, 341, 353, 436
- Prevention of Damage to Public Property Act — s. 3, 4
Subjects
- non‑bailable warrant
- quashing of warrant
- Section 528
- bail
- factual dispute
- malafide prosecution
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 40695 of 2026
Huzaifa
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Ajay Kumar
Counsel for Opposite Party(s) : G.A.
Court No. - 75
HON'BLE DR. GAUTAM CHOWDHARY, J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State and
perused the material brought on record.
2. The present application under Section 528 BNSS has been filed for
quashing of non bailable warrant order dated 24.01.2016 passed by learned
Additional Chief Judicial Magistrate, Court No. 01, Bulandshahar in
Criminal Case No. 724 of 2016 (Old Nos. 1179 of 2011 & 242 of 2016),
arising out of Case Crime No. 177 of 2021, under Sections 147, 148, 336,
307, 436, 341, 353, 3312 I.P.C. read with Section 3/4 of Prevention of
Damage to Public Property Act and Section 7 of Criminal Law
(Amendment) Act, Police Station Kotwali Dehat, District Bulandshahar.
3. The contention of learned counsel for the applicant is that no offence
against the applicant is disclosed and the present prosecution has been
instituted with a malafide intention for the purpose of causing harassment.
He pointed out certain documents and statements in support of his
contention.
4. Having heard the learned counsel for the applicant and perused the
materials brought on record, it does not appear to be a fit case praying for
quashing of impugned order. The prayer praying for quashing of same is
hereby refused, at this stage as the argument raised by learned counsel for
the applicant involves factual disputes and appraisal of evidence.
5. However, looking at the nature of offence alleged and attending facts and
circumstances of the case, as have been brought on record, it is directed that
NA528 No. 40695 of 2026
2
if the applicant appears and surrenders before the court below within twenty
days from today and applies for bail, his prayer for bail shall be considered
and decided in accordance with law.
6. For a period of aforesaid twenty days from today, the non-bailable warrant
issued against the applicant shall be kept in abeyance.
7. The present application stands disposed of.
(Dr. Gautam Chowdhary,J.)
September 23, 2026
Mustaqeem.
Digitally signed by :-
MOHD MUSTAQEEM KHAN
High Court of Judicature at Allahabad
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