Disposed¶13

Manoja Devi v. State of U.P. and Another

Allahabad HC10 Dec 2025NA528/49064/2025

Case brief

AI extract

What is this about?

Section 528 BNSS application; quashing of non-bailable warrant; stay of execution of NBW for three weeks; recall of non-bailable warrant application; failure to appear before court below; Session Trial No. 250 of 2024; Case Crime No. 301 of 2024; Sections 323, 504, 506, 452 IPC; 3(1)d, 3(d)dh, 3(2)(5)A SC/ST Act; P.S. Phoolpur, District Azamgarh; interim protection auto-vacated on default; Manoja Devi v. State of U.P.; Deepak Verma J.; disposed off December 10, 2025.

What did the court decide?

Interim relief: execution of the non-bailable warrant stayed for three weeks, conditional on the applicant appearing before the court concerned and moving an application for recall of the warrant within that period; on default the protection stands automatically vacated and the court below is free to proceed. ¶13

Manoja Devi vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether to quash the non-bailable warrant dated 24.03.2025 issued against the applicant and the proceedings of Session Trial No. 250 of 2024 arising out of Case Crime No. 301 of 2024 (P.S. Phoolpur, District Azamgarh). +1 more

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Court's answer

The applicant shall appear before the court concerned within three weeks and move an application for recall of the non-bailable warrant, which shall be considered and disposed of expeditiously in accordance with law.

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Ratio / Principle

Execution of the non-bailable warrant issued against the applicant shall remain stayed for a period of three weeks.

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Key takeaways

In case of default, the interim protection granted by this Court shall stand automatically vacated and the court below shall be free to proceed against the applicant in accordance with law.ratio¶14

Detailed headnote1 paragraphs

Allahabad High Court (Deepak Verma, J.), decision dated December 10, 2025 — Application U/S 528 BNSS No. 49064 of 2025, Manoja Devi v. State of U.P. and Another. The applicant sought quashing of a non-bailable warrant dated 24.03.2025 issued against her for failure to appear before the court below, and of the proceedings of Session Trial No. 250 of 2024 arising out of Case Crime No. 301 of 2024 (State vs. Mantosh Yadav and others) under Sections 323, 504, 506, 452 I.P.C. & 3(1)d, 3(d)dh, 3(2)(5)A SC/ST Act, P.S. Phoolpur, District Azamgarh. The Court did not quash; it directed the applicant to appear before the court concerned within three weeks and move an application for recall of the warrant (to be considered expeditiously in accordance with law), stayed execution of the warrant for three weeks, and provided that on default the interim protection would stand automatically vacated. With these directions the application was finally disposed off.

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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APPLICATION U/S 528 BNSS No. - 49064 of 2025

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Manoja Devi

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.....Applicant(s)

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	Versus
State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s)	: Chandra Kumar Rai
Counsel for Opposite Party(s)	: G.A.

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Court No. - 74

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HON'BLE DEEPAK VERMA, J.

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Heard learned counsel for the applicant, learned Additional Government Advocate for the State of U.P./opposite party no.1 and perused the record.

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This application under Section 528 B.N.S.S. has been filed by the applicant to quash the non bailable warrant dated 24.03.2025 issued against the applicant and proceedings of Session Trial No.250 of 2024 arising out of Case Crime No.301 of 2024 (State vs. Mantosh Yadav and others), under Sections 323, 504, 506, 452 I.P.C. & 3(1)d, 3(d)dh, 3(2)(5)A SC/ST Act, P.S. Phoolpur, District Azamgarh.

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From the record, it transpires that on account of the failure of the applicant to appear before the court below, non-bailable warrant has been issued against the applicant by the court below vide order dated 24.03.2025.

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Learned counsel for the applicant submits that interest of justice shall be served provided some protection is granted by this Court to enable the applicant to appear before the court below.

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Considering the facts and circumstances of the case, it is provided that the applicant shall appear before the court concerned within three weeks from today and moves an application for recall of non bailable warrant, which shall be considered and disposed of expeditiously in accordance with law.

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