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Allahabad High Court

MANDIPversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The application under Section 528 is dismissed as not pressed.

Summary

The applicant filed an application under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023, seeking to quash a non‑bailable warrant issued on 16 January 2026 before a charge sheet was filed in a gang‑rape case. The court heard arguments from counsel for both parties. During the hearing, the applicant's counsel indicated that the application would not be pursued further. Consequently, the court dismissed the application as not pressed. The certified copy of the documents was to be returned to the applicant's counsel after retaining a xerox.

Issues considered

  • Whether the order issuing a non‑bailable warrant prior to filing a charge sheet in a gang‑rape case can be quashed under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023

Legislation cited

Subjects

  • Section 528
  • non-bailable warrant
  • quash order
  • gang rape
  • procedural law
  • application dismissed

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                               APPLICATION U/S 528 BNSS No. - 42265 of 2026

                                    Mandip
                                                                                                  .....Applicant(s)
                                                                       Versus
                                    State of U.P. and Another
                                                                                                       .....Opposite
                                                                                                             Party(s)

                                    Counsel for Applicant(s)             :   Dau Dayal Verma, Girraj Singh
                                    Counsel for Opposite Party(s)        :   G.A., Imtiaz Husain

                                    Court No. - 77
                                                  HON'BLE SANJAY KUMAR PACHORI, J.

                                    Shri Girraj Singh, learned counsel for the applicant, Shri Puspraj Singh,
                                    learned brief holder for the State and Shri P.K. Shukla, Advocate holding
                                    brief of Shri Imtiaz Husain, learned counsel for the opposite party No. 2 are
                                    present.

                                    The present application under Section 528 of Bhartiya Nagrik Suraksha
                                    Sanhita, 2023 has been filed by the applicant to quash the order dated
                                    16.1.2026 passed by concerned Magistrate, whereby Non Bailable Warrant
                                    has been issued prior to submitting charge sheet in a gang rape case.

                                    After some arguments, learned counsel for the applicant does not want to
                                    press this application and the same may be dismissed as not pressed.

                                    The instant application is dismissed as not pressed accordingly.

                                    Office shall return the certified copy of the documents to the learned counsel
                                    for the applicant, after retaining a xerox of the same.

                                    October 1, 2026
                                    T. Sinha
                                                                                    (Sanjay Kumar Pachori,J.)




Digitally signed by :-
TRIPTI SINHA
High Court of Judicature at Allahabad


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