Allahabad High Court
RAVI KUMAR GIRIversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- PRASHANT MISHRA I
Holding
The High Court stayed the execution of the non‑bailable warrant for one month and directed the trial court to entertain a cancellation application within that period.
Summary
The applicant, Ravi Kumar Giri, filed an application under Section 528 of the Criminal Procedure Code seeking to quash a non‑bailable warrant dated 4 July 2026 and the accompanying order dated 25 August 2026 issued in a complaint under Section 138 of the Negotiable Instruments Act (Case No. 373 of 2021). The applicant asserted that he would not abscond and was ready to appear before the trial court, requesting protection from coercive action. The respondent State, represented by the Additional Government Advocate, raised no objection to granting such protection. The High Court, after considering the submissions, directed that if the applicant appears before the trial court and files an application for cancellation of the warrant within one month of this order, the trial court shall consider and dispose of it in accordance with law. For the same period, no coercive action shall be taken against the applicant, but the trial court may proceed against him in case of default. The application was therefore disposed with the aforesaid directions.
Issues considered
- Whether the High Court should stay the execution of the non‑bailable warrant pending the applicant's appearance before the trial court.
- Whether the applicant is entitled to protection from coercive action under Section 528 CrPC.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Negotiable Instruments Act — s. 138
Subjects
- non‑bailable warrant
- Section 528 CrPC
- stay of coercive action
- cancellation of warrant
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 40995 of 2026
Ravi Kumar Giri
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Ram Swaroop (Singh), Shivakant Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 84
HON'BLE PRASHANT MISHRA-I, J.
1. Heard Sri Shivakant Singh, learned counsel for the applicant and
learned A.G.A. for the State.
2. The instant application has been preferred with a prayer to quash
the non bailable warrant dated 4.7.2026 as well as order dated
25.8.2026 (issued N.B.W/82 of Cr.P.C) passed by Learned court of
N.I. Act Prayagraj, in Complaint Case No. 373 of 2021( Padam Nath
Singh versus Ravi Kumar Giri) under Section 138 N.I. Act Police
Station- George town District- Prayagraj pending in the court of N.I.
Act Prayagraj.
3. Learned counsel for the applicant apprised the Court that NBW has
been issued against the applicant vide order dated 04.07.2026
passed by learned trial court. He further submits that the applicant is
not willing to abscond from the trial of the aforesaid case and is ready
to appear before the learned trial court concerned to face trial,
however, he prays for some protection.
4. Learned A.G.A. has no objection if some protection is granted to
the applicant as he is ready and willing to face the trial.
5. Considering all aspects of the matter, the instant application is
finally disposed of with a direction to the learned trial court that in
case the applicant appears before the concerned learned trial court
and moves an appropriate application for cancellation of non bailable
warrant, within one month from the date of production of certified
copy of this order, the learned trial court shall consider and dispose of
the same in accordance with law, considering the grounds mentioned
in the said application.
6. For a period of one month from the date of production of certified
copy of this order or till the applicant appears before the learned trial
court and files an application for cancellation of non bailable warrant,
whichever is earlier, no coercive action shall be taken against the
NA528 No. 40995 of 2026
2
applicant, however, in case of default, the learned trial court is at
liberty to proceed against the applicant.
(Prashant Mishra-I,J.)
October 1, 2026
Saurabh
Digitally signed by :-
SAURABH
High Court of Judicature at Allahabad
Checking your session…