Allahabad High Court
PAWAN KUMAR @ PAWAN JAISWALversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The Court did not quash the non‑bailable warrant but stayed its execution for three weeks, permitting the applicant to seek bail before the lower court.
Summary
The applicant, Pawan Kumar, filed an application under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023, seeking to quash a non‑bailable warrant (NBW) issued by the Additional Session Judge in a criminal case (Sections 363, 366, 504 IPC). He argued that the warrant was issued without first serving a summons or a bailable warrant, contrary to established law that NBWs are a last resort. The State opposed the application. The High Court examined the submissions and the record, and instead of quashing the warrant, it ordered a temporary stay of its execution for three weeks, allowing the applicant to appear before the lower court and apply for bail, guided by Supreme Court precedents. The application was therefore disposed of without granting the relief sought, but with a conditional stay.
Issues considered
- Whether a non‑bailable warrant can be issued without first serving a summons or a bailable warrant under the Bhartiya Nagrik Suraksha Sanhita, 2023.
- Whether the order of the Additional Session Judge issuing the NBW is liable to be quashed under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita — s. 528
- Indian Penal Code — s. 363, 366, 504
Subjects
- non‑bailable warrant
- Section 528
- stay of execution
- bail application
- criminal procedure
- summons
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 10970 of 2026
Pawan Kumar @ Pawan Jaiswal
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Indrakesh Kumar Sharma
Counsel for Opposite Party(s) : G.A.
Court No. - 74
HON'BLE SANJAY KUMAR PACHORI, J.
1. Sri Indrakesh Kumar Sharma, learned counsel for the applicant and Sri
Abhishek Kumar, learned A.G.A. for the State are present.
2. The present application under Section 528 of Bhartiya Nagrik Suraksha
Sanhita, 2023 has been filed to quash the order dated 12.09.2024 passed by
Additional Session Judge/F.T.C. II, Sant Kabir Nagar in Session Trial No.
152 of 2016 (State versus Pawan) arising out of the Case Crime No. 1573 of
2016 under Sections 363, 366, 504 of the Indian Penal Code, Police Station-
Khalilabad, Distirct-Sant Kabir Nagar, pending in the court of the learned
Additional Session Judge/F.T.C. II, Sant Kabir Nagar whereby Non Bailable
Warrant has been issued against the applicant.
3. Learned counsel for the applicant submits 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.
4. Learned A.G.A. has opposed the application.
5. Considering submissions of learned counsel and perusing record, the
instant application under Section 528 of Bhartiya Nagrik Suraksha Sanhita,
2023 is finally disposed of with a direction that in case applicant appears
NA528 No. 10970 of 2026
2
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.
6. 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
SY
(Sanjay Kumar Pachori,J.)
Digitally signed by :-
SWETA YADAV
High Court of Judicature at Allahabad
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