Allahabad High Court
DHARMENDRA SINGH AND ANOTHERversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The court held that a non‑bailable warrant cannot be issued without first serving a summons or bailable warrant and therefore stayed its execution pending the applicants’ appearance.
Summary
The applicants filed an application under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 seeking to quash a non‑bailable warrant (NBW) issued by the Additional Chief Judicial Magistrate, Prayagraj in criminal case No. 3281 of 2021 (IPC sections 419, 420, 467, 468, 471, 406, 506). The applicants contended that they were on bail when the NBW was issued and that no summons or bailable warrant had been served, 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, referring to Supreme Court precedents, directed that the execution of the NBW be stayed for three weeks or until the applicants appear before the lower court and seek bail or recall of the warrant. The court further indicated that any bail application would be decided in light of the cited Supreme Court judgments.
Issues considered
- Whether a non‑bailable warrant can be issued 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 — s. 528
- Indian Penal Code — s. 406, 419, 420, 467, 468, 471, 506
Subjects
- Non‑bailable warrant
- Section 528
- Bhartiya Nagrik Suraksha Sanhita
- Bail
- Criminal procedure
- Stay of execution
- Supreme Court precedent
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 8294 of 2026
Dharmendra Singh And Another
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Prem Shankar Sharma, Shatrughna
Yadav
Counsel for Opposite Party(s) : G.A.
Court No. - 74
HON'BLE SANJAY KUMAR PACHORI, J.
Sri Shatrughna Yadav, learned counsel for the applicants and Sri M.K.
Singh, learned brief holder 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 14.10.2024 passed by
Additional Chief Judicial Magistrate, Court No. 2, Prayagraj in criminal case
No. 3281 of 2021, arising out of case crime No. 51 of 2021, under Sections
419, 420, 467, 468, 471, 406, 506, I.P.C., Police Station Industrial Area,
District Prayagraj, whereby Non Bailable Warrant has been issued against
the applicants.
Learned counsel for the applicants submits that the applicants were 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 applicants appear before the
court below within three weeks from today and apply for bail/recall of non
bailable warrant, their application shall be decided in the light of the
NA528 No. 8294 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 applicants appear before the
court below, whichever is earlier, execution of non bailable warrant against
applicants shall be kept in abeyance.
March 18, 2026
T. Sinha
(Sanjay Kumar Pachori,J.)
Digitally signed by :-
TRIPTI SINHA
High Court of Judicature at Allahabad
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