Disposed

Smt Harviri Kardam v. State of U.P. and Another

Allahabad HC27 Oct 2025NA528/41004/2025

Case brief

AI extract

What is this about?

Application under Section 528 BNSS to quash a non-bailable warrant issued in a Gangster Act case was filed on grounds of inability to appear. The Court declined to quash the warrant but kept it in abeyance for 15 days, directing the applicant to surrender and apply for bail.

What did the court decide?

Warrant kept in abeyance for 15 days subject to surrender and bail application; otherwise coercive steps permitted.

Smt Harviri Kardam vs State of U.P. and Another — Bail and Remand | Allahabad HC (2025)

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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APPLICATION U/S 528 BNSS No. - 41004 of 2025

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Smt Harviri Kardam

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.....Applicant(s)

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Versus

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State of U.P. and Another

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.....Opposite
Party(s)

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Counsel for Applicant(s):Syed Shahnawaz Shah
Counsel for Opposite Party(s):G.A.

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Court No. - 78

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HON'BLE NALIN KUMAR SRIVASTAVA, J.

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1. Heard learned counsel for the applicant as well as
learned A.G.A for the State and perused the record.

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2. This application under Section 528 of BNSS has been
filed by the applicant - Smt. Harviri Kardam for quashing
the non-bailable warrant dated 16.10.20215 issued by
Special Judge (Gangster Act), Meerut in Special Case
No.32 of 2004, arising out of case crime no. 18 of 2003,
under Section 2/3 Gangster Act, P.S. Medical, District
Meerut. Further prayer has been made to stay the effect
and operation of the said order.

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3. Learned counsel for the applicant contended that the
reasons on account of which the applicant failed to
appear before the trial court were beyond her control and
the applicant has every intention to appear before the
court concerned and participate in the proceedings of the
trial.

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4. Learned AGA appearing for the State opposed the
prayer.

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5. Having regard to the facts and circumstances of the
case, after perusing the impugned order as well as the
materials brought on record and having considered the
submissions made by the learned counsel for the parties,
I do not find any good ground to quash the impugned
order. The prayer made in the application is refused.

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6. However, without expressing any opinion on the merits

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NA528 No. 41004 of 2025

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of the case, the application is disposed of with a
direction to the applicant to surrender before the court
below within 15 days from today and apply for bail, which
shall be considered by the Court concerned in accordance
with law. For a period of fifteen days days from today,
effect and operation of non-bailable warrant issued
against the applicant shall be kept in abeyance.

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7. In case of default, the Court concerned shall be at
liberty to take all coercive steps against the applicant
for ensuring her appearance.

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8. With the aforesaid observations, the application is
disposed of.

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October 27, 2025
safi

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(Nalin Kumar Srivastava,J.)

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Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad

Smt Harviri Kardam v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Smt Harviri Kardam v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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