Allahabad High Court
MANDIPversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SANJAY KUMAR PACHORI
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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