Allahabad High Court
SONU RAIDASversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- VIVEK KUMAR SINGH
Holding
The non‑bailable warrant shall be kept in abeyance for four weeks, and if the applicant appears before the trial court within that period, the warrant shall not be executed; otherwise it will be executed without delay.
Summary
The applicant, Sonu Raidas, filed an application under Section 528 of the Criminal Procedure Code seeking to quash a non‑bailable warrant dated 7‑Feb‑2017 issued by the Additional Chief Judicial Magistrate, Railway Prayagraj, in connection with a trial under Section 153 of the Railway Act (Case No. 4609 of 2013). The applicant asserted that he was ready to appear before the trial court but was unable to do so on the scheduled dates due to compelling circumstances, and he offered an undertaking to cooperate and appear henceforth. The State opposed, stating that the warrant was issued because of the applicant’s repeated non‑appearance. The High Court held that, considering the facts, the warrant should be kept in abeyance for four weeks, during which the applicant must appear before the trial court; failure to do so will result in immediate execution of the warrant. Consequently, the application was disposed of, with the conditional stay of the warrant.
Issues considered
- Whether the non‑bailable warrant issued under Section 528 CrPC can be quashed or stayed in the circumstances presented.
- Whether the applicant’s undertaking to appear before the trial court suffices to justify keeping the warrant in abeyance.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Railway Act — s. 153
Subjects
- non‑bailable warrant
- Section 528 CrPC
- quash application
- Railway Act
- court appearance
- conditional stay
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 8210 of 2026
Sonu Raidas
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Ram Lakhan Deobanshi, Ranjit Kumar
Sagar
Counsel for Opposite Party(s) : G.A.
Court No. - 81
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
non-bailable warrant dated 7.2.2017 issued by Additional Chief Judicial
Magistrate, Railway Prayagraj as well as proceeding of Case No. 4609 of
2013 (State vs. Sonu Raidas) arising out of Case Crime No. 125 of 2013,
under Section 153 of Railway Act, Police Station RPF Naini, District
Prayagraj.
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
7.2.2017 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.
5. On the other hand learned AGA submits that due to non appearance of
NA528 No. 8210 of 2026
2
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.)
March 18, 2026
Lalit Shukla
Digitally signed by :-
LALIT KUMAR SHUKLA
High Court of Judicature at Allahabad
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