Allahabad High Court
AMIT @ RAVIversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The Court held that the non‑bailable warrant cannot be executed and must be kept in abeyance until the applicant appears before the lower court.
Summary
The applicant, Amit @ Ravi, filed an application under Section 528 of the BNSS seeking to quash a non‑bailable warrant (NBW) issued by the Upper Sessions Judge in a POCSO case. The applicant contended that he was already on bail when the NBW was issued and that the warrant was passed without first serving a summons or a bailable warrant, contrary to established law that an NBW is a last resort. The State opposed the application. The High Court examined the submissions and the record, and directed that the applicant appear before the lower court within two weeks to seek bail or recall of the NBW. The Court ordered that execution of the NBW be kept in abeyance for that period, effectively staying the warrant pending the applicant’s appearance.
Issues considered
- What is the validity of a non‑bailable warrant issued against a person already on bail without prior issuance of a summons or bailable warrant?
- Whether the order passing the NBW can be quashed under Section 528 of the BNSS?
- Whether execution of the NBW should be stayed pending the applicant’s appearance before the lower court?
Legislation cited
- B.N.S. Act — s. 351(3), 65(1)
- POCSO Act — s. 5(L)(N), 6
Subjects
- non‑bailable warrant
- bail
- Section 528
- quash order
- procedural fairness
- POCSO Act
- criminal procedure
- stay of execution
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 41047 of 2026
Amit @ Ravi
.....Applicant(s)
Versus
State Of U.P. And Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Ajay Kumar Srivastava
Counsel for Opposite Party(s) : G.A.
Court No. - 70
HON'BLE SANJAY KUMAR PACHORI, J.
Sri Ajay Kumar Srivastava, learned counsel for the applicant and Sri
Abhishek Kumar, learned A.G.A. for the State are present.
The present application under Section 528 BNSS has been filed to quash the
order dated 24.07.2026 passed by the Upper Sessions Judge/Special Judge
Pocso-2nd, District-Gautam Budh Nagar, in Sessions Case No. 24 of 2025 in
Case Crime No. 765 of 2024, under Sections 65(1), 351(3) of BNS and
5(L)(N)/6 Pocso Act, Police Station- Bisrakh, District-Gautam Budh Nagar
(State of U.P. Vs. Ravi Yadav). whereby NBW has been issued against the
applicant.
Learned counsel for the applicant submits that the applicant was on bail at
the time of issuing 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 for the applicants and perusing
record, the instant application is finally disposed of with a direction that in
NA528 No. 41047 of 2026
2
case applicant appears before the court below within two 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 two 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 24, 2026
Neetu
Digitally signed by :-
NEETU SINGH
High Court of Judicature at Allahabad
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