Allahabad High Court
MAJIDversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The court stayed the execution of the non‑bailable warrant pending the applicant's appearance before the lower court, without quashing the warrant.
Summary
The applicant, Majid, filed an application under Section 528 seeking to quash a non‑bailable warrant (NBW) dated 02‑08‑2011 issued by the Special Judge (Gangsters Act) in a case under the U.P. Gangsters and Anti‑Social Activities (Prevention) Act, 1986. The applicant contended that he was already on bail when the NBW was issued and that the court had failed to serve a summon or a bailable warrant, which are required before resorting to an NBW. The opposite parties opposed the application. The High Court examined the submissions and the record, and directed that the applicant must appear before the lower court within three weeks to seek bail or recall of the NBW, staying the execution of the warrant during that period. The order referenced Supreme Court judgments on the procedural requirements for issuing NBWs. The application was disposed with a stay, not an outright quash of the warrant.
Issues considered
- Whether a non‑bailable warrant can be issued against a person who is already on bail.
- Whether the issuance of the NBW complied with the procedural requirement of serving a summon and a bailable warrant first.
Legislation cited
Subjects
- non‑bailable warrant
- bail
- procedural due process
- U.P. Gangsters Act
- stay of execution
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 18789 of 2026
Majid
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Mohammed Shadan, Mohd. Aslam
Counsel for Opposite Party(s) : G.A.
Court No. - 76
HON'BLE SANJAY KUMAR PACHORI, J.
Sri Mohd. Aslam, learned counsel for the applicant and Sri Alok Mishra,
learned A.G.A. for the State are present.
The present application under Section 528 BNSS has been filed to quash the
order dated 02.08.2011 passed by Special Judge (Gangsters Act)/Additional
Sessions Judge, Moradabad in Special Case No. 46 of 2007, arising out of
Case Crime No. 722 of 2007, under Section 3 (1) of U.P. Gangsters and Anti
Social Activities (Prevention) Act, 1986, P.S. Gajraula, District Amroha,
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.
Considering submissions of learned counsel for the applicants and perusing
record, the instant application is finally disposed of with a direction that in
NA528 No. 18789 of 2026
2
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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