Allahabad High Court
SITARAMversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The application is infructuous and is therefore dismissed.
Summary
The applicant Sitaram filed an application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita seeking to quash a non‑bailable warrant issued by the Special Judge, Mathura, in a case under Sections 8 and 20 of the N.D.P.S. Act. The warrant had already been executed, resulting in the applicant’s arrest. The counsel for the applicant admitted that the application had become infructuous because the arrest had already taken place. The court examined whether the application could still be entertained after the arrest. Finding that the purpose of the application could no longer be achieved, the court ordered the certified copy of the warrant order to be returned to counsel and dismissed the application as infructuous. The judgment was delivered on 18 May 2026 by Justice Sanjay Kumar Pachori.
Issues considered
- Can an application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita be entertained after the applicant has already been arrested pursuant to the non‑bailable warrant?
- Should the order issuing the non‑bailable warrant be quashed in view of the applicant’s arrest?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 528
- N.D.P.S. Act — s. 20, 8
Subjects
- Section 528
- quash order
- non‑bailable warrant
- infructuous application
- N.D.P.S. Act
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 20345 of 2026
Sitaram
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Kartikey Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 76
HON'BLE SANJAY KUMAR PACHORI, J.
Sri Kartikey Singh, learned counsel for the applicant and Sri Pusp Raj Sngh,
learned A.G.A. for the State are present.
The present application under Section 528 of the Bharatiya Nagarik
Suraksha Sanhita has been filed to quash the order dated 07.04.2024 passed
by Special Judge N.D.P.S. Act/ Additional Sessions Judge, Court No. 7,
Mathura in Special Case No. 1416 of 2025, arising out of Case Crime No. 39
of 2025, under Sections 8/20 of N.D.P.S. Act, Police Station- Jait, District-
Mathura, whereby non-bailable warrant has been issued.
Learned counsel for the applicant fairly admits that the present application
has become infructuous due to arrest of the applicant's pursuant to the non-
bailable warrant.
Certified copy of the order may be returned to the learned counsel for the
applicant after retaining a xerox thereof.
In view of the above, the application is dismissed as infructuous.
May 18, 2026
Ishan
(Sanjay Kumar Pachori,J.)
Digitally signed by :-
ISHAN JAISWAL
High Court of Judicature at Allahabad
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