Allahabad High Court
NEERAJ KUMAR @ NIRANJAN SINGHversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- VIVEK KUMAR SINGH
Holding
The non‑bailable warrant shall be kept in abeyance for four weeks, subject to the applicant appearing before the trial court within the time fixed; otherwise it will be executed.
Summary
The applicant, Neeraj Kumar, filed an application under Section 528 of the Criminal Procedure Code seeking to quash a non‑bailable warrant dated 06‑09‑2025 issued by the Special Judge (Gangster Act) in a case under the Gangster Act. The warrant was issued because the applicant failed to appear on several dates despite being directed to do so. The applicant’s counsel assured the court of his willingness to appear before the trial court and cooperate with the proceedings. The State, represented by the Advocate General, opposed the application, citing the applicant’s repeated non‑appearance. The High Court held that the warrant would be kept in abeyance for four weeks, conditional upon the applicant appearing before the trial court within the time fixed; failure to do so would 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 the Gangster Act can be quashed or stayed under Section 528 CrPC?
- Whether the applicant’s undertaking to appear before the trial court warrants a temporary suspension of the warrant?
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Gangster Act — s. 2, 3
Subjects
- non‑bailable warrant
- Section 528 CrPC
- quash application
- Gangster Act
- court appearance
- conditional stay
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 9398 of 2026
Neeraj Kumar @ Niranjan Singh
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Kartikey Singh
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
N.B.W. dated 06.09.2025 issued against the applicant by the Special
Judge (Gangster Act)/ Additional Sessions Judge, Court No.5, Mathura in
G.S.T. No.151 of 2005 (State Versus Bachchu and others) under Section
2/3 of Gangster Act, arising out of Case Crime No.82 of 2005, Police
Station Jamunapar, 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 trial court,
therefore, as a result of the same, non bailable warrant dated 06.09.2025
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 trial court. 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
the applicant on several dates, the leaned trial Court proceeded to issue
NA528 No. 9398 of 2026
2
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
Radhika
Digitally signed by :-
RADHIKA VISHWAKARMA
High Court of Judicature at Allahabad
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