Allahabad High Court
MOHD LUQMAN AND 3 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- PRASHANT MISHRA I
Holding
The Court ordered a one‑month stay on any coercive action against the applicants and directed the trial court to consider any application for cancellation of the non‑bailable warrant within that period.
Summary
The applicants, Mohd Luqman and three others, filed an application under Section 528 of the Criminal Procedure Code seeking to quash a non‑bailable warrant (NBW) dated 14‑01‑2026 issued by the Civil Judge (Junior Division)/Judicial Magistrate/Fast Track Court‑II, Amroha, in a dowry‑related criminal case (Complaint No. 224 of 2021). They asserted that they are willing to appear before the trial court and face trial, but requested protection from coercive action while they move for cancellation of the warrant. The State, represented by the Additional Government Advocate, raised no objection to granting such protection. The High Court, after considering the submissions, directed that no coercive action be taken against the applicants for a period of one month from the production of the certified copy of the order, or until the applicants appear before the trial court and file an application for cancellation of the NBW, whichever is earlier. The trial court was instructed to consider and dispose of any cancellation application in accordance with law. The application was thus disposed with the said protective direction.
Issues considered
- Whether the High Court should grant a protective stay against coercive action pending the filing of an application for cancellation of the non‑bailable warrant under Section 528 CrPC.
- Whether the non‑bailable warrant should be quashed or its execution stayed in view of the applicants' willingness to appear before the trial court.
Legislation cited
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 323, 452, 498A, 504
Subjects
- Section 528 CrPC
- non‑bailable warrant
- protective order
- dowry harassment
- criminal procedure
- stay of execution
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 42325 of 2026
Mohd Luqman And 3 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Neeraj Kumar Srivastava, Pradeep
Yadav
Counsel for Opposite Party(s) : G.A.
Court No. - 84
HON'BLE PRASHANT MISHRA-I, J.
1. Heard Sri Neeraj Kumar Srivastava, learned counsel for the
applicants and learned A.G.A. for the State.
2. The instant application has been preferred with a prayer to quash
the impugned N.B.W. dated 14.01.2026, passed by Civil Judge
(Junior Division)/Judicial Magistrate/Fast Track Court-II, Amroha, in
Complaint Case No. 224 of 2021 (Smt. Nisha Rani Vs Mohd. Luqman
and others), U/s- 498A, 452, 323, 504, I.P.C. & 3/4 Dowry Prohibition
Act, P.S.- Gajraula, District- Amroha.
3. Learned counsel for the applicants apprised the Court that NBW
has been issued against the applicants vide order dated 14.01.2026
passed by learned trial court. He further submits that the applicants
are not willing to abscond from the trial of the aforesaid case and are
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 applicants as they are 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 applicants appear before the concerned learned trial court
and move 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 applicants appear before the learned trial
NA528 No. 42325 of 2026
2
court and file an application for cancellation of non bailable warrant,
whichever is earlier, no coercive action shall be taken against the
applicants, however, in case of default, the learned Trial Court is at
liberty to proceed against the applicants.
(Prashant Mishra-I,J.)
October 1, 2026
Saurabh
Digitally signed by :-
SAURABH
High Court of Judicature at Allahabad
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