Allahabad High Court
SHAEED @ MOHD SHAEED AND ANOTHERversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The Court held that the NBW was improperly issued without prior summons or bailable warrant and therefore stayed its execution pending the applicants' further application.
Summary
The applicants 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 Sessions Judge, Amroha, on 18‑Jan‑2021 in a case under the U.P. Gangsters and Anti‑Social Activities (Prevention) Act. The applicants contended that they were already on bail when the NBW was issued and that the warrant was passed without first serving a summons or issuing a bailable warrant, contrary to established law that NBWs are a last resort. The High Court examined the submissions and the record, and directed that the execution of the NBW be stayed for three weeks or until the applicants appear before the lower court and apply for bail or recall of the warrant. The Court further directed that any such application be decided in line with Supreme Court precedents cited. Consequently, the application was disposed with a temporary stay on the NBW.
Issues considered
- Whether a non‑bailable warrant can be issued without first serving a summons and a bailable warrant.
- Whether Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 permits quashing or staying the NBW in the present circumstances.
- Whether a stay of execution of the NBW is appropriate pending the applicants' appearance before the lower court.
Legislation cited
Subjects
- Non‑bailable warrant
- Section 528
- Bail
- Summons
- Stay of execution
- Criminal procedure
- U.P. Gangsters Act
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 13073 of 2026
Shaeed @ Mohd Shaeed And Another
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Mukesh Joshi
Counsel for Opposite Party(s) : G.A.
Court No. - 76
HON'BLE SANJAY KUMAR PACHORI, J.
Sri Mukesh Joshi, learned counsel for the applicants and Sri Rahul Pandey,
learned brief holder for the State are present.
The present application under Section 528 of Bhartiya Nagrik Suraksha
Sanhita, 2023 has been filed to quash the order dated 18.1.2021 passed by
Additional Sessions Judge/F.T.C.-II, Amroha in Special Case No. 127 of
2010, arising out of case crime No. 579 of 2010, under Section 3(1) of U.P.
Gangsters and Anti-Social Activities (Prevention) Act, Police Station
Hasanpur, District Amroha, whereby Non Bailable Warrant has been issued
against the applicants.
Learned counsel for the applicants submits that the applicants were 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
finally disposed of with a direction that in case applicants appear before the
court below within three weeks from today and apply for bail/recall of non
bailable warrant, their application shall be decided in the light of the
NA528 No. 13073 of 2026
2
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 applicants appear before the
court below, whichever is earlier, execution of non bailable warrant against
applicants shall be kept in abeyance.
April 1, 2026
T. Sinha
(Sanjay Kumar Pachori,J.)
Digitally signed by :-
TRIPTI SINHA
High Court of Judicature at Allahabad
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