Avinash Dubey v. State of U.P. and Another
Case brief
What is this about?
S.528 BNSS application; interim protection against issuance of bailable/non-bailable warrants; counsel invoked Delhi Race Club (194) Ltd. v. State of U.P., (2024) 10 SCC 690 on the plea that proceedings under Sections 406 and 420 IPC cannot run simultaneously; underlying case Case No. 73358 of 2022 arising out of Case Crime No. 98 of 2021, sections 420, 406, 506 IPC, P.S. Kohana, District Kanpur Nagar; warrants kept in abeyance till next listing; fresh listing fixed for 16.02.2026; Allahabad High Court, Court No. 77; Praveen Kumar Giri, J.; dated 05.02.2026; no merits decision recorded.
What did the court decide?
Interim protection only: any warrant (bailable or non-bailable) issued against the applicant in Case No.73358 of 2022 arising out of Case Crime No.98 of 2021 (P.S. Kohana, District-Kanpur Nagar) to be kept in abeyance till the next date of listing; case listed as fresh for 16.02.2026. The application itself was not adjudicated.