Applicants sought quashing of a non-bailable warrant issued in a 2014 complaint case under Sections 323, 324, 504, 506 IPC. The High Court disposed of the application, directing surrender and bail application within three weeks, keeping NBW execution in abeyance meanwhile, per Supreme Court guidance.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 34349 of 2025
Charan Singh And 2 Others
.....Applicant(s)
| Versus | ||
|---|---|---|
| State of U.P. and Another | .... | .Opposite Party(s) |
| Counsel for Applicant(s) | : Neetu Mishra, Sanskar Gaur, Mishra |
Satanand |
| Counsel for Opposite Party(s) | : G.A. |
Court No. - 74
HON'BLE SANJAY KUMAR PACHORI, J.
Sri Sanskar Gaur, learned counsel for the applicants 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 01.07.2025 passed by Additional Civil Judge (J.D.)/Judicial Magistrate, Court No. 6, Moradabad in Complaint Case No. 2002 of 2014, under Sections 323, 324, 504, 506 IPC, whereby Non-Bailable Warrant has been issued against the applicant.
Learned counsel for the applicant submits that the applicants were 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. as well as learned counsel for the opposite party no. 2 have 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. 34349 of 2025
2
case 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 .
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 applicant shall be kept in abeyance.
September 10, 2025
MAA/-
(Sanjay Kumar Pachori,J.)
Digitally signed by :- MOHAMMAD AZAD ANSARI High Court of Judicature at Allahabad
1 issue framed by the court
Whether a non-bailable warrant could be issued without first serving summons and a bailable warrant while the applicants were on bail.
Colour shows how this judgement treated each authority
Satender Kumar Antil v. Central Bureau of Investigation & AnotherApplied
Satender Kumar Antil Vs. Central Bureau of Investigation & Another, (2021) 10 SCC 773 · Who else cites this
Siddharth v. The State of Uttar Pradesh & AnotherApplied
Siddharth Vs. The State of Uttar Pradesh & Another 2022 (11) SCC 676 · Who else cites this
Aman Preet Singh v. C.B.I. through DirectorApplied
Aman Preet Singh Vs. C.B.I. through Director 2021 SCC Online SC 941 · Who else cites this
2 provisions across 2 enactments
Charan Singh And 2 Others
State of U.P.
Opposite Party No. 2
Sanjay Kumar Pachori
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
