Allahabad High Court
MADHAVversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The High Court stayed the execution of the non‑bailable warrant pending the applicant's appearance, without quashing the warrant.
Summary
The applicant filed an application under Section 528 of the Criminal Procedure Code seeking to quash a non‑bailable warrant (NBW) issued by the Additional Sessions Judge, Mathura, in a case under Sections 4 and 25 of the Arms Act. The applicant contended that he was already on bail when the NBW was issued and that the court had not served any summons or bailable warrant before resorting to the NBW, contrary to established law. The opposite party opposed the application. The High Court examined the submissions and the record, and instead of outright quashing the warrant, directed that the execution of the NBW be stayed for three weeks or until the applicant appears before the lower court to seek bail or recall of the warrant. The Court also referred the matter to the principles laid down in three Supreme Court judgments. Consequently, the application was disposed with a temporary abeyance of the NBW pending further proceedings.
Issues considered
- Whether a non‑bailable warrant can be issued against a person who is already on bail without first serving a summons or bailable warrant.
- Whether the order of the Additional Sessions Judge issuing the NBW is liable to be quashed under Section 528 CrPC.
Legislation cited
- Arms Act — s. 25, 4
- Code of Criminal Procedure, 1973 — s. 528
Subjects
- Non‑bailable warrant
- Section 528 CrPC
- Arms Act
- Bail
- Procedural due process
- Stay of execution
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 18588 of 2026
Madhav
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Narendra Pal Singh, Rajat Kumar
Shukla
Counsel for Opposite Party(s) : G.A.
Court No. - 76
HON'BLE SANJAY KUMAR PACHORI, J.
During course of hearing learned counsel for the applicant has corrected the
prayer clause of this application.
Sri Narendra Pal Singh, learned counsel for the applicant and Sri Abhishek
Kumar, learned A.G.A. for the State are present.
The present application under Section 528 BNSS has been filed to quash the
order dated 03.10.2025 passed by Additional Sessions Judge, Court No. 7,
Mathura in Session Trial No. 437 of 2018, arising out of Case Crime No. 85
of 2018, under Section 4/25 of Arms Act, P.S. Vrindavan, District Mathura,
whereby NBW has been issued against the applicant.
Learned counsel for the applicant submits that the applicant was on bail at
the time of issuing 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. as well as learned counsel for the opposite party no. 2 have
opposed the application.
NA528 No. 18588 of 2026
2
Considering submissions of learned counsel for the applicants and perusing
record, the instant application is 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.
May 6, 2026
MAA/-
(Sanjay Kumar Pachori,J.)
Digitally signed by :-
MOHAMMAD AZAD ANSARI
High Court of Judicature at Allahabad
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