Allahabad High Court
RIZWAN @ AKSHAYversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- GAUTAM CHOWDHARY
Holding
The court refused to quash the non‑bailable warrant, directing that it be kept in abeyance for twenty days pending the applicant's surrender and bail application.
Summary
The applicant filed an application under Section 528 of the Criminal Procedure Code seeking to quash a non‑bailable warrant dated 17‑05‑2024 issued in a criminal case involving offences under Sections 352, 354‑B, 323 and 506 IPC. The applicant alleged that the prosecution was malicious and that no offence was disclosed against him. The court examined the materials and held that the request to quash the warrant could not be entertained because the dispute was factual and required evidence appraisal. Consequently, the application for quashing was refused, but the court ordered that the warrant be kept in abeyance for twenty days, allowing the applicant to 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 Criminal Procedure Code on the ground of alleged malicious prosecution.
- Whether the court may stay the operation of the warrant pending the applicant's surrender and bail application.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Indian Penal Code — s. 323, 352, 354-B, 506
Subjects
- non‑bailable warrant
- quash
- Section 528
- IPC offences
- malicious prosecution
- Allahabad High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 41882 of 2026
Rizwan @ Akshay
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Subham Singh
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 praying
for quashing of non bailable warrant order dated 17.05.2024 issued against
the applicant in Special Sessions Trial No. 2516 of 2022, arising out of Case
Crime No. 200 of 2018, under Sections 352, 354-B, 323, 506 I.P.C., Police
Station Gulaothi, District Bulandshahr.
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
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.
NA528 No. 41882 of 2026
2
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 30, 2026
Mustaqeem.
Digitally signed by :-
MOHD MUSTAQEEM KHAN
High Court of Judicature at Allahabad
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