Allahabad High Court
KUNJIversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The Court held that execution of a non‑bailable warrant issued without prior summons or bailable warrant must be stayed, pending the applicant’s appearance and application for bail.
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 by a Judicial Magistrate in Mathura in a criminal case involving offences under Sections 420, 467, 468 and 471 IPC. The applicant contended that he was already on bail and that the NBW 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 noted the settled principle that due process must precede the issuance of an NBW. It directed 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, and that any such application be decided in light of the Supreme Court judgments cited. Consequently, the application was disposed with a conditional stay on the NBW.
Issues considered
- Whether a non‑bailable warrant can be issued without first serving a summons or a bailable warrant when the accused is already on bail.
- Whether the order passing the NBW can be quashed under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita — s. 528
- Indian Penal Code — s. 420, 467, 468, 471
Subjects
- Non‑bailable warrant
- Section 528
- Quash order
- Bail
- Due process
- Criminal procedure
- Stay of execution
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 29351 of 2026
Kunji
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Ashish Tripathi, Vinod Kumar Tiwari
Counsel for Opposite Party(s) : G.A.
Court No. - 77
HON'BLE SANJAY KUMAR PACHORI, J.
Sri Ashish Tripathi, learned counsel for the applicant and Sri Karunakar
Singh, 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 24.04.2023 passed by
Judicial Magistrate, Court No. 6, Mathura in Criminal Case No. 74/ix/08
arising out of Criminal Case No. 234 of 2007, under Sections 420, 467, 468,
471 of I.P.C., Police Station Maant, District Mathura, 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
observations made in the judgments rendered by the Supreme Court in
NA528 No. 29351 of 2026
2
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
Ishan
(Sanjay Kumar Pachori,J.)
Digitally signed by :-
ISHAN JAISWAL
High Court of Judicature at Allahabad
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