Allahabad High Court
RAJKUMAR @ RAJ KISHORversusSTATE OF UP AND ANOTHER
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The court held that the non‑bailable warrant could not be executed pending the applicant’s appearance and bail application, and therefore stayed its execution for three weeks.
Summary
The applicant filed an application under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 seeking to quash a non‑bailable warrant and related proceedings issued in criminal case No. 1476 of 2010. The applicant contended that he was on bail when the warrant was issued and that no summons or bailable warrant had been served, contrary to established law that a non‑bailable warrant is a last resort. The court examined the submissions and the record, noting the applicant’s claim and the opposition by the State. It directed that if the applicant appears before the lower court within three weeks and applies for bail or recall of the warrant, his application will be decided in line with Supreme Court precedents. Until such appearance, the execution of the non‑bailable warrant and proceedings under Sections 82 and 83 of the Cr.P.C. were stayed. The application was disposed with a temporary stay of execution.
Issues considered
- Whether the non‑bailable warrant issued against a person already on bail, without prior summons or bailable warrant, is valid under law.
- Whether the order passing the non‑bailable warrant can be quashed under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 528
- Code of Criminal Procedure, 1973 — s. 82, 83
- Indian Penal Code — s. 279, 304-A, 338, 427
Subjects
- non‑bailable warrant
- bail
- Section 528
- stay of execution
- Criminal Procedure Code
- summons
- Bhartiya Nagrik Suraksha Sanhita
- criminal law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 8331 of 2026
Rajkumar @ Raj Kishor
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Amrendra Kumar Pal, R.B. Pal
Counsel for Opposite Party(s) : G.A.
Court No. - 74
HON'BLE SANJAY KUMAR PACHORI, J.
Sri R.B. Pal, learned counsel for the applicant and Ms. Saumya Madhyan,
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 orders dated 1.2.2011, 20.6.2014
and 4.10.2016 passed in criminal case No. 1476 of 2010, arising out of case
crime No. 203 of 2002, under Sections 279, 338, 427, 304-A, I.P.C., Police
Station Nai Ki Mandi, District Agra, pending in the court of Additional
Chief Judicial Magistrate, Court No. 7, Agra, whereby Non Bailable Warrant
and proceedings under Sections 82/83, Cr.P.C. have been issued/initiated
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
NA528 No. 8331 of 2026
2
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 Sections 82, 83, Cr.P.C. against applicant 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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