Disposed

Bhuwaneshwari Prasad and 2 Others v. State of U.P. and Another

Allahabad HC3 Sept 2025NA528/33622/2025

Case brief

AI extract

What is this about?

This application sought quashing of an N.B.W. issued for failure to appear. The court kept execution in abeyance for three weeks, directing the applicant to appear and apply for bail, with future relief dependent on Supreme Court precedents regarding summons procedures.

What did the court decide?

Execution of non-bailable warrant kept in abeyance for three weeks pending applicant's appearance and bail application.

Bhuwaneshwari Prasad and 2 Others vs State… — Civil Procedure and Limitation | Allahabad HC (2025)

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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APPLICATION U/S 528 BNSS No. - 33622 of 2025

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Bhuwaneshwari Prasad And 2 Others

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	Versus .....Applicant(s)
State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s) Counsel for Opposite Party(s)	: Dr. C.P. Upadhyay, Sheo Kinkar Singh, Suryaprakash Sharma : G.A.

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Court No. - 74

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HON'BLE SANJAY KUMAR PACHORI, J.

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Sri Surya Prakash Sharma learned counsel for the applicant and learned A.G.A. for the State are present.

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The present application under Section 528 of B.N.S.S. has been filed to quash the order dated 09.04.2025 passed by Chief Judicial Magistrate, Kaushambi in Complaint Case No.3432 of 2013 under Sections 323, 504, 506 IPC Police Station Siani District Kaushambi whereby non bailable warrant has been issued against the applicant.

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Learned counsel for the applicant submits that 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.

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Learned A.G.A. as well as learned counsel for the opposite party No. 2 have opposed the application.

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Considering submissions of learned counsel and perusing record, the instant application is finally disposed of with a direction that in case

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NA528 No. 33622 of 2025

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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 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.

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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 the applicant shall be kept in abeyance.

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(Sanjay Kumar Pachori,J.)

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September 3, 2025 S.K.

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Digitally signed by :- SWEETY KANOJIA High Court of Judicature at Allahabad

Bhuwaneshwari Prasad and 2 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Bhuwaneshwari Prasad and 2 Others v. State of U.P. and Another

Case brief

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