Allahabad High Court
JAY JAY RAM ALIAS SANJAYversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The court stayed the execution of the non‑bailable warrant for three weeks, pending the applicant’s appearance before the lower court, but did not quash the warrant outright.
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 the Special Judge (DAA), Kanpur Dehat, in a 2001 criminal case. The applicant contended that he was on bail when the NBW was issued and that the warrant was passed without 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 Supreme Court precedents cited. It directed that the execution of the NBW be kept in abeyance for three weeks or until the applicant appears before the lower court to seek bail or recall of the warrant. The court did not outright quash the warrant but conditioned its stay on the applicant’s compliance.
Issues considered
- Whether a non‑bailable warrant can be issued against a person who is already on bail without first serving a summons or a bailable warrant.
- 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, 2023 — s. 528
- Indian Penal Code — s. 302, 394, 411
Subjects
- Non‑bailable warrant
- Section 528
- Bail
- Criminal procedure
- Stay of execution
- Procedural compliance
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 37613 of 2026
Jay Jay Ram Alias Sanjay
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Sanjay Srivastava
Counsel for Opposite Party(s) : G.A.
Court No. - 77
HON'BLE SANJAY KUMAR PACHORI, J.
Sri Ganesh Shankar Patel, Advocate holding brief of Sri Sanjay Srivastava,
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 29.06.2026 passed by
Special Judge (DAA), Kanpur Dehat in S.S.T. No No. 56 of 2001 arising out
of Criminal Case No. 635 of 2000, under Sections 394, 302, 411 of I.P.C.,
Police Station Bilhour, District Kanpur Nagar, 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. 37613 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 9, 2026
Ishan
(Sanjay Kumar Pachori,J.)
Digitally signed by :-
ISHAN JAISWAL
High Court of Judicature at Allahabad
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