Allahabad High Court
RAJ PRATAP SINGH @ RAJA THAKURversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The court stayed the execution of the non‑bailable warrant and Section 82 proceedings for three weeks, conditional on the applicant appearing before the lower court and seeking bail, in accordance with Supreme Court precedents.
Summary
The applicant, Raj Pratap Singh, filed an application under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023, seeking to quash a non‑bailable warrant and proceedings under Section 82 of the Cr.P.C. issued while he was already on bail. He contended that the warrant was issued without any prior summons or bailable warrant, contrary to established law that a non‑bailable warrant is a last resort. The State opposed the application. The High Court examined the submissions and the record, and, referring to Supreme Court judgments, ordered that the execution of the non‑bailable warrant and Section 82 proceedings be stayed for three weeks, provided the applicant appears before the lower court and applies for bail or recall of the warrant. The court directed that the applicant’s subsequent bail application be decided in light of the cited precedents. The application was therefore disposed with the stay order.
Issues considered
- Whether a non‑bailable warrant can be issued against a person already on bail without prior issuance of a summons or bailable warrant.
- Whether the issuance of such a warrant violates the procedural safeguards under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023.
- Whether the court should stay the execution of the non‑bailable warrant and Section 82 proceedings pending the applicant’s appearance.
Legislation cited
Subjects
- non‑bailable warrant
- Section 528
- bail
- stay of execution
- Criminal Procedure Code
- summons
- bailable warrant
- Supreme Court precedent
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 42269 of 2026
Raj Pratap Singh @ Raja Thakur
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Shri Krishan Yadav
Counsel for Opposite Party(s) : G.A.
Court No. - 77
HON'BLE SANJAY KUMAR PACHORI, J.
Learned counsel for the applicant is permitted to correct the prayer part of
application during the course of day.
Sri Mukul Yadav, Advocate holding brief of Sri Shri Krishan Yadav, learned
counsel for the applicant and Sri Alok Mishra, 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 22.1.2025 passed in
Session Trial No. 205 of 2024, arising out of case crime No. 768 of 2023,
under Sections 376, 354, 354-D, 323, 504, 506, I.P.C., Police Station
Chakeri, District Kanpur Nagar, whereby Non Bailable Warrant as well as
proceedings under Section 82, Cr.P.C. has been issued/initiated against the
applicant, pending in the court of Additional Sessions Judge, Court No. 22,
Kanpur Nagar.
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
NA528 No. 42269 of 2026
2
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 apply 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 as well
as proceedings under Section 82, Cr.P.C. against applicant shall be kept in
abeyance.
October 1, 2026
T. Sinha
(Sanjay Kumar Pachori,J.)
Digitally signed by :-
TRIPTI SINHA
High Court of Judicature at Allahabad
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