Allahabad High Court
RIZWANversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The Court held that the execution of the non‑bailable warrant should be stayed pending the applicant's appearance, but did not outright quash the warrant.
Summary
The applicant filed an application under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 seeking to quash a non‑bailable warrant (NBW) issued in a Session Trial relating to a 2013 murder case under Section 307 IPC. The applicant contended that he was on bail when the NBW was issued and that the warrant was issued without first serving a summons or a bailable warrant, contrary to established law that NBWs are a last resort. The State opposed the application. The High Court examined the submissions and the record, noting the legal requirement that a NBW should follow failure to respond to summons and a bailable warrant. The Court disposed of the application, directing that execution of the NBW be stayed for three weeks or until the applicant appears before the lower court and applies for bail or recall, with the decision to be guided by relevant Supreme Court precedents. The order thus temporarily halts the NBW but does not outright quash it.
Issues considered
- Whether a non‑bailable warrant can be issued without first serving a summons and a bailable warrant.
- Whether the order issuing the NBW can be quashed under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 528
- Indian Penal Code — s. 307
Subjects
- Non‑bailable warrant
- Section 528
- Bail
- Summons
- Criminal procedure
- IPC Section 307
- Quash order
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 29175 of 2026
Rizwan
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Irshad Ahmad
Counsel for Opposite Party(s) : G.A.
Court No. - 77
HON'BLE SANJAY KUMAR PACHORI, J.
Heard Sri Irshad Ahmad, learned counsel for the applicant and Sri Rahul
Pandey, learned A.G.A. 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 2.6.2026 passed in
Session Trial No. 1193 of 2022, arising out of case crime No. 89 of 2013,
under Section 307, I.P.C., Police Station Kotwali Dehat, District Etah,
pending in the court of Special Judge (NDPS Act)/Additional Sessions
Judge, Court No. 4, Etah, whereby Non Bailable Warrant has been issued
against the applicant.
Learned counsel for the applicant submits that the applicant was 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 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
NA528 No. 29175 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 applicant appears before the
court below, whichever is earlier, execution of non bailable warrant against
applicant shall be kept in abeyance.
September 8, 2026
T. Sinha
(Sanjay Kumar Pachori,J.)
Digitally signed by :-
TRIPTI SINHA
High Court of Judicature at Allahabad
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