Allahabad High Court
RAM UJAGIR @ MUNNU AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The Court did not quash the proceedings but stayed the execution of the non‑bailable warrant for three weeks and directed the applicants to seek bail or recall of the warrant.
Summary
The applicants filed an application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita seeking to quash the criminal proceedings (Criminal Case No. 1825 of 2023) and a non‑bailable warrant issued against them while they were on bail. They contended that the warrant was issued without first serving a summons or a bailable warrant, contrary to established law that a non‑bailable warrant is a last resort. The State opposed the application. The Court declined to grant the relief of quashing, noting that the applicants had not pressed that specific relief, and instead stayed the execution of the non‑bailable warrant for three weeks, directing the applicants to appear before the lower court and seek bail or recall of the warrant, with the matter to be decided in light of relevant Supreme Court judgments. The order effectively disposes of the application while preserving the status quo pending further steps by the applicants.
Issues considered
- Whether a non‑bailable warrant can be issued without first serving a summons or a bailable warrant.
- Whether the proceedings can be quashed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 528
- Indian Penal Code — s. 323, 504, 506
Subjects
- non‑bailable warrant
- quash proceedings
- Section 528
- bail
- summons
- criminal procedure
- stay of execution
- Supreme Court precedent
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 10897 of 2026
Ram Ujagir @ Munnu And 2 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Rahul Kumar
Counsel for Opposite Party(s) : G.A.
Court No. - 74
HON'BLE SANJAY KUMAR PACHORI, J.
Sri Rahul Kumar, learned counsel for the applicants and Sri Karunakar
Singh, learned A.G.A. for the State are present.
The present application under Section 528 of the Bharatiya Nagarik
Suraksha Sanhita has been filed to quash the entire proceedings of Criminal
Case No. 1825 of 2023, arising out of N.C.R. No. 31 of 2003, under Sections
323, 504, 506 of I.P.C., Police Station- Chilhiya, District- Siddharthnagar as
well as order dated 15.09.2025 whereby non-bailable warrant has been
issued against the applicants pending in the Court of A.C.J.M.
Siddharthnagar.
Learned counsel for the applicants does not want to press the relief of
quashing of entire proceedings.. The aforesaid relief has been dismissed as
not pressed.
Learned counsel for the applicant submits that the applicant was on bail at
the time of issuing of Non-Bailable Warrant. It is further submitted that the
impugned order has been passed without satisfying itself that the summon
and other process for attendance has been served. It is further submitted that
the impugned order has been passed without considering the position of law.
It is settled position of law that N.B.W. should be issued as a last resort after
the litigant fails to respond the notices/summons and bailable warrant. It is
further submitted that non-bailable warrant has been issued without issuing
any summon and bailable warrant.
Learned A.G.A. has opposed the application.
Considering submissions of learned counsel and perusing record, the instant
application under Section 528 of Bhartiya Nagrik Suraksha Sanhita, 2023 is
NA528 No. 10897 of 2026
2
finally disposed of with a direction that in case applicant appears before the
court below within three weeks from today and applies for bail/recall of non
bailable warrant, his application shall be decided in the light of the
observations made in the judgments rendered by the Supreme Court in
Satender Kumar Antil Vs. Central Bureau of Investigation & Another,
(2021) 10 SCC 773, Siddharth Vs. The State of Uttar Pradesh &
Another 2022 (11) SCC 676 and Aman Preet Singh Vs. C.B.I. through
Director 2021 SCC Online SC 941.
For a period of three weeks from today or till applicant appears before the
court below, whichever is earlier, execution of non bailable warrant against
applicant shall be kept in abeyance.
March 19, 2026
Ishan
(Sanjay Kumar Pachori,J.)
Digitally signed by :-
ISHAN JAISWAL
High Court of Judicature at Allahabad
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