Disposed¶14

Birbal Ram v. State of U.P. and Another

Allahabad HC4 May 2026NA528/15984/2026

Case brief

AI extract

What is this about?

Allahabad High Court; S. 528 BNSS quashing petition dismissed/disposed; charge sheet 7.7.2023, summoning order 21.10.2023 and NBW 26.2.2026 upheld; Case Crime no. 183/2023, ss. 323/504/506 IPC, PS Sikandarpur, Ballia; 15-day window to appear/surrender pursuant to NBW with interim protection from coercive action; no cases cited.

What did the court decide?

Quashing prayer refused; applicant directed to appear before the court concerned in pursuance of the NBW within 15 days, with no coercive action against him until expiry of that period, after which the court below may proceed as per law. ¶14

Birbal Ram Vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the charge sheet dated 7.7.2023, cognizance/summoning order dated 21.10.2023, Non-Bailable Warrant dated 26.2.2026 and the entire proceedings of Case no. 10048/2023 (arising out of Case Crime no. 183/2023, sections 323, 504, 506 IPC) ought to be quashed under Section 528 BNSS.

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Court's answer

On perusal of the narration of FIR, the impugned order and the chargesheet, the Court does not find this to be a case requiring its interference; no ground is available in the application on the basis of which the impugned order, chargesheet and entire proceedings can be set aside.

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Ratio / Principle

The prayer sought through the instant application (quashing of charge sheet, cognizance/summoning order, NBW and entire proceedings) is refused.

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Key takeaways

The applicant is directed to appear before the learned court concerned in pursuance of the impugned NBW order within 15 days; till the expiry of that period no coercive action shall be initiated against him; after expiry of the 15-day period, the concerned court is directed to proceed as per law.ratio¶13

Detailed headnote1 paragraphs

Application under S. 528 BNSS (No. 15984 of 2026) by Birbal Ram seeking quashing of charge sheet dated 7.7.2023, cognizance/summoning order dated 21.10.2023 and Non-Bailable Warrant dated 26.2.2026 issued by the Chief Judicial Magistrate, Ballia, together with the entire proceedings of Case no. 10048/2023 (State vs. Sanjay Ram and others) arising out of Case Crime no. 183/2023 under sections 323, 504, 506 IPC, PS- Sikandarpur, District Ballia. Held: on perusal of the FIR narration, impugned order and chargesheet, no ground for interference was made out and the prayer was refused. The applicant was directed to appear before the court concerned pursuant to the NBW within 15 days; no coercive action was to be taken against him till expiry of that period, after which the trial court was directed to proceed as per law. Application disposed of (Saurabh Srivastava, J.; May 5, 2026).

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 15984 of 2026

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Versus Birbal Ram	.....Applicant(s)
State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s)	: Manoj Yadav
Counsel for Opposite Party(s)	: G.A.

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Court No. - 77

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HON'BLE SAURABH SRIVASTAVA, J.

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1. Heard learned counsel for parties.

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This present application has been filed for seeking quashing of charge sheet dated 7.7.2023, cognizance/summoning order dated 21.10.2023 as well as Non-Bailable Warrant dated 26.2.2026 issued by learned Chief Judicial Magistrate, Ballia as well as entire proceeding of Case no. 10048/2023 (State vs. Sanjay Ram and others) arising out of Case Crime no. 183/2023 under sections 323, 504, 506 IPC, PS- Sikandarpur, District Ballia.

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On perusal of the narration of FIR as well as impugned order and chargesheet, this Court does not find it to be a case where interference of this Court is required. No such ground appears to be available in the present application, on the basis of which, impugned order along with chargesheet and entire proceeding, can be set aside.

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Accordingly, the prayer sought through the instant application, is refused.

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Lastly, learned counsel for applicant has submitted that liberty may be granted to applicant to surrender before the court concerned in pursuance to NBW order to which learned AGA has

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NA528 No. 15984 of 2026

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no objection.

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Considering the facts and circumstances of the matter, applicant is directed to appear before the learned court concerned in pursuance to impugned NBW order within 15 days from today. Till 15 days from today, no coercive action shall be initiated against the applicant. After the expiry of aforesaid period of 15 days, learned concerned court is directed to proceed as per law.

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With the aforesaid observation, the application is disposed of.

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May 5, 2026

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Shaswat

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(Saurabh Srivastava,J.)

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Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad

Birbal Ram v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Birbal Ram v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

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