Allahabad High Court
GOPALversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- VIVEK KUMAR SINGH
Holding
The non‑bailable warrant shall be kept in abeyance for four weeks, provided the applicant appears before the trial court within that period; otherwise, it will be executed.
Summary
The applicant Gopal filed an application under Section 528 of the Criminal Procedure Code seeking to quash a non‑bailable warrant dated 26‑09‑2025 issued by the Special Judge (POCSO Act) in a case involving offences under Sections 363, 376D IPC and Sections 5G/6 of the POCSO Act. The applicant claimed he was ready to appear before the trial court but could not do so on the scheduled date due to compelling circumstances and undertook to cooperate with the proceedings. The State opposed, stating that the applicant had repeatedly failed to appear, justifying the issuance of the warrant. The High Court, after considering the submissions, held that the warrant should be kept in abeyance for four weeks, conditional upon the applicant’s appearance before the trial court; failure to appear would result in immediate execution of the warrant. Consequently, the application was disposed with the conditional stay of the warrant.
Issues considered
- Whether the non‑bailable warrant dated 26‑09‑2025 can be quashed under Section 528 CrPC?
- Whether the warrant should be kept in abeyance subject to the applicant’s appearance before the trial court?
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Indian Penal Code — s. 363, 376D
- Protection of Children from Sexual Offences Act — s. 5G, 6
Subjects
- Non‑bailable warrant
- Section 528 CrPC
- Quash application
- Conditional stay
- POCSO Act
- Criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 51416 of 2025
Gopal
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Birendra Singh, Neeraj Singh
Kushwaha, Yash Pratap Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 80
HON'BLE VIVEK KUMAR SINGH, J.
1. Heard learned counsel for the applicant and learned A.G.A. for the
State.
2. The present application has been filed by applicants for quashing the
impugned Non Bailable Warrant dated 26.09.2025, passed by the Special
Judge (POCSO Act), Additional District and Sessions Judge (ADJ),
Mathura in Special Case No.662 of 2024 (State vs. Monu and Otheres),
arising out of Case Crime No.257 of 2024, under Section 363, 376 D IPC
and Section 5G/6 of POCSO Act, Police Station Koshikala, District
Mathura.
3. It is submitted by learned counsel for the applicant that applicant is
ready to appear before the court concerned and on account of compelling
circumstances, he could not appear on the date fixed before the court
below therefore, as a result of the same, non bailable warrant dated
26.09.2025 has been issued against the applicant.
4. Learned counsel for the applicant submitted that applicant undertakes
to participate in the trial court's proceedings and he shall remain present
before the court concerned unless the personal presence of the applicant is
exempted by the court below. It is further submitted by learned counsel
for the applicant that the applicant will cooperate in the trial court's
proceedings.
NA528 No. 51416 of 2025
2
5. On the other hand learned AGA submits that due to non appearance of
the applicant on several dates, the leaned trial Court proceeded to issue
non bailable warrant against the applicant.
6. In view of the facts of the case, this Court deems it fit that non bailable
warrant issued against the applicant shall be kept in abeyance for a period
of four weeks and applicant shall appear before the court concerned
within the time fixed by this Court. If, the applicant appears before the
court concerned, non bailable warrant shall not be further executed.
However, if the applicant fails to appear or participate in the trial
proceeding within the time fixed by this Court, non bailable warrant shall
be executed against the applicant without delay.
7. In view of the aforesaid, this application is disposed of.
(Vivek Kumar Singh,J.)
April 23, 2026
Nitendra
Digitally signed by :-
NITENDRA TIWARI
High Court of Judicature at Allahabad
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