Allahabad High Court
NEERAJ KUMAR ALIAS NEERAJversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The Court stayed the execution of the non‑bailable warrant for three weeks, pending the applicant’s appearance and any bail application, rather than quashing it outright.
Summary
The applicant, Neeraj Kumar, filed an application under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023, seeking to quash a non‑bailable warrant issued by a Special Judge in a POCSO case. He contended that the warrant was issued without any prior summons or bailable warrant despite being on bail, violating his personal liberty. The State opposed the application, arguing that the warrant was lawful. The High Court examined the procedural requirements for issuing a non‑bailable warrant and referred to Supreme Court precedents on due process. It held that the warrant could not be executed pending the applicant’s appearance and possible bail application, directing a three‑week stay. Consequently, the application was disposed with a direction to keep the warrant in abeyance for three weeks or until the applicant appears before the lower court.
Issues considered
- Whether a non‑bailable warrant can be issued without first serving a summons or bailable warrant.
- Whether the non‑bailable warrant issued in the present case should be quashed on grounds of violation of personal liberty.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 528
- Indian Penal Code — s. 363, 366, 376
Subjects
- non‑bailable warrant
- Section 528
- personal liberty
- procedural due process
- bail
- POCSO
- stay of execution
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 37229 of 2026
Neeraj Kumar Alias Neeraj
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Prashant Ji Pandey
Counsel for Opposite Party(s) : G.A.
Court No. - 77
HON'BLE SANJAY KUMAR PACHORI, J.
Sri Jawahir Yadav, learned counsel for the applicant and Sri Abhishek
Kumar, 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 4.10.2024, passed
by Special Judge (POCSO Act), Court No.3, Ghaziabad in Session Trial
No.31 of 2016 (State Vs. S. Neeraj Kumar), arising out of case crime No.
846 of 2015, under Section 363, 366, 376, I.P.C., Police Station Loni
Border, District Ghaziabad, whereby Non Bailable Warrant has been
issued against the applicant.
This is a case related to personal liberty of accused as provided by the
Constitution of India, due to this reason, opportunity of hearing of
opposite party No.2 is dispensed with.
Learned counsel for the applicant submits that the present trial is pending
and uring trial, the applicant was on bail. 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.
NA528 No. 37229 of 2026
2
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 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.
(Sanjay Kumar Pachori,J.)
September 8, 2026
KJ
Digitally signed by :-
KAMARJAHAN ANSARI
High Court of Judicature at Allahabad
Checking your session…