Allahabad High Court
SURENDRA KUMAR VERMA @ SURENDRA KUMARversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The High Court stayed the execution of the non‑bailable warrant for three weeks, pending the applicant's appearance and application for bail, without outright quashing the warrant.
Summary
The applicant, Surendra Kumar Verma, filed an application under Section 528 of the BNSS Act seeking to quash a non‑bailable warrant (NBW) issued by the Special Judge (N.D.P.S. Act) in Varanasi. He 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 State opposed the application. The High Court examined the submissions and the record, noting the procedural deficiencies alleged by the applicant. It ordered that the execution of the NBW be stayed for three weeks, or until the applicant appears before the lower court and applies for bail or recall of the warrant, with the matter to be decided in light of relevant Supreme Court judgments. The application was therefore disposed of with a conditional 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 lower court complied with procedural requirements, such as serving summons or a bailable warrant, before issuing a non‑bailable warrant.
- Whether the order of the Special Judge can be quashed under Section 528 of the BNSS Act.
Legislation cited
- BNSS — s. 528
Subjects
- non‑bailable warrant
- bail
- Section 528
- procedural fairness
- stay of execution
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 18929 of 2026
Surendra Kumar Verma @ Surendra Kumar
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Deshraj Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 76
HON'BLE SANJAY KUMAR PACHORI, J.
Sri Deshraj Singh, learned counsel for the applicant and Sri Rahul Pandey,
learned brief holder for the State are present.
The present application under Section 528 BNSS has been filed to quash the
order dated 07.09.2024 passed by Special Judge (N.D.P.S. Act)/Additional
Sessions Judge, Court No. 5, Varanasi in Special Case No. 666 of 2023,
arising out of Case Crime No. 171 of 2023, P. S. Lanka, District Varanasi,
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
case applicant appears before the court below within three weeks from today
NA528 No. 18929 of 2026
2
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 7, 2026
MAA/-
(Sanjay Kumar Pachori,J.)
Digitally signed by :-
MOHAMMAD AZAD ANSARI
High Court of Judicature at Allahabad
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