Sanjay Kumar and 2 Others vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

Sanjay Kumar and 2 Others vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Protective direction only: no coercive measures against the applicants provided they cooperate in the trial and file bail bonds before the concerned Court within four weeks; failing cooperation, the Trial Court is free to proceed. Quashing of the summoning order dated 08.04.2016, the complaint proceedings and the N.B.W. dated 20.11.2025 was not granted.

Issue for consideration

Whether the summoning order dated 08.04.2016 passed by the Chief Judicial Magistrate, Hapur, the entire proceedings of Complaint Case No. 9738 of 2015 (Yogendra @ Boby Vs. Hariom and others, Section 323 IPC) and the N.B.W. order dated 20.11.2025 should be quashed. +1 more

Court's answer

The application under Section 528 BNSS is disposed of with the aforesaid directions; the quashing prayers were not granted on merits.

Ratio / Principle

If the applicants cooperate in the court proceedings after filing their bail bonds before the Court concerned within four weeks from the date of the order, no coercive measures shall be taken against them.

Key takeaways

In case the applicants do not cooperate in the court proceedings, the Trial Court is free to proceed against them.ratio¶¶15

Detailed headnote1 paragraphs

Allahabad High Court (Nand Prabha Shukla, J.) disposed of an application under Section 528 BNSS seeking quashing of the summoning order dated 08.04.2016 passed by the Chief Judicial Magistrate, Hapur in Complaint Case No. 9738 of 2015 (Yogendra @ Boby Vs. Hariom and others) under Section 323 IPC, Police Station-Pilakhuva, District-Hapur, and of the non-bailable warrant order dated 20.11.2025 issued for the applicants' non-appearance. On the applicants' undertaking to cooperate in the trial, the Court directed that if they file their bail bonds before the concerned Court within four weeks and cooperate in the proceedings, no coercive measures shall be taken against them; in default of cooperation, the Trial Court is free to proceed against them. The quashing prayers were not granted and the matter was not decided on merits.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 2617 of 2026

Sanjay Kumar And 2 Others

.....Applicant(s)

Versus

State of U.P. and Another

	.....Opposite Party(s)
Counsel for Applicant(s)	: Ajay Kumar Srivastava
Counsel for Opposite Party(s)	: G.A.

Court No. - 76

HON'BLE NAND PRABHA SHUKLA, J.

Heard Sri Ajay Kumar Srivastava, learned counsel for the applicants, learned A.G.A. for the State and perused the record.

The present application under Section 528 BNSS has been filed with the prayer to allow the present application and quash the impugned summoning order dated 08.04.2016 passed by learned Chief Judicial Magistrate, Hapur as well as entire proceedings of Complaint Case No. 9738 of 2015, Yogendra @ Boby Vs. Hariom and others, under Section 323 IPC, Police Station-Pilakhuva, District-Hapur and also quash the N.B.W. order dated 20.11.2025, pending in the Court of Chief Judicial Magistrate, Hapur.

From the perusal of record, it transpires that due to non-appearance in the court proceedings, non-bailable warrant was issued against the applicants vide order dated 20.11.2025. The applicants are ready to cooperate in the court proceedings.

Learned counsel for the applicants undertakes that the applicants shall cooperate in the trial proceedings.

In case the applicants cooperate in the court proceedings after filing their bail bonds before the Court concerned within a period of four weeks from the date of the order, no coercive measures shall be taken against the applicants.

It is made clear that in case, the applicants do not cooperate in the court proceeding, Trial Court is free to proceed against the applicants.

NA528 No. 2617 of 2026

2

With the aforesaid direction, the application u/s 528 BNSS is disposed of.

February 23, 2026 Shivani

(Nand Prabha Shukla,J.)

Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad