Anand Prakash Chauturvedi Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Anand Prakash Chauturvedi Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application disposed of: applicant to appear before the court below within three weeks and apply for bail/recall of the non-bailable warrant, which is to be decided in light of Satender Kumar Antil (2021) 10 SCC 773, Siddharth 2022 (11) SCC 676 and Aman Preet Singh 2021 SCC Online SC 941; execution of the NBW kept in abeyance for three weeks or till appearance, whichever is earlier.

Issue for consideration

Whether the application under Section 528 BNSS seeking quashing of the order dated 02.07.2025 whereby a non-bailable warrant was issued against the applicant (who was stated to be on bail, with no prior service of summons or bailable warrant) should be allowed.

Court's answer

The application under Section 528 BNSS is finally disposed of with a direction that if the applicant appears before the court below within three weeks and applies for bail/recall of the non-bailable warrant, his application shall be decided in the light of the observations in Satender Kumar Antil, Siddharth and Aman Preet Singh.

Ratio / Principle

Execution of the non-bailable warrant against the applicant is kept in abeyance for three weeks from the date of the order or until the applicant appears before the court below, whichever is earlier.

Detailed headnote1 paragraphs

Allahabad High Court (Sanjay Kumar Pachori, J.) finally disposed of an application under Section 528 BNSS seeking quashing of the order dated 02.07.2025 passed by the Civil Judge (Senior Division)/F.T.C. Sonbhadra in Complaint Case No. 5061 of 2012 (Sections 323, 504, 506, 494 IPC, P.S. Robertsganj, District Sonbhadra) whereby a non-bailable warrant was issued against the applicant. Held: if the applicant appears before the court below within three weeks and applies for bail/recall of the NBW, his application shall be decided in the light of the observations in Satender Kumar Antil v. Central Bureau of Investigation, (2021) 10 SCC 773, Siddharth v. State of U.P., 2022 (11) SCC 676 and Aman Preet Singh v. C.B.I., 2021 SCC Online SC 941. Execution of the non-bailable warrant was kept in abeyance for three weeks or till the applicant's appearance, whichever is earlier. Counsel for the applicant had submitted that the NBW was issued while the applicant was on bail and without service of summons or any bailable warrant.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 37358 of 2025

Anand Prakash Chauturvedi

.....Applicant(s)

	Versus
State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s) Counsel for Opposite Party(s)	: Ramesh Chandra Upadhyay : G.A.

Court No. - 74

HON'BLE SANJAY KUMAR PACHORI, J.

Sri Ramesh Chandra Upadhyay, learned counsel for the applicant and Sri Rahul Pandey, brief holder for the State.

The present application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita has been filed to quash the order dated 02.07.2025 passed by Civil Judge (Senior Division)/ F.T.C. Sonbhadra, in Complaint Case No. 5061 of 2012, under Sections 323, 504, 506, 494 of I.P.C., Police StationRobertsganj, District Sonbhadra, whereby non-bailable warrant has been issued against the applicant.

Learned counsel for the applicant submits that at the time of issuing nonbailable warrants the applicant was on bail. It is further submitted that the impugned order has been passed without satisfying itself that the summon and other process for appearance has been served and without issuing any summon or bailable warrant direct NBW has been issued.

Learned counsel for the applicant further submitted that the impugned order has been passed without considering the facts and circumstances of the case and law provided in this regard.

Learned A.G.A. has opposed the application.

Considering submissions of learned counsel and perusing record, the instant application u/s 528 of B.N.S.S 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 bailable warrant, his application shall be shall be decided in the light of the observations made in the judgments

NA528 No. 37358 of 2025

2

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 appear before the court below, whichever is earlier, execution of non bailable warrant against applicant shall be kept in abeyance.

September 24, 2025 Ishan

(Sanjay Kumar Pachori,J.)

Digitally signed by :- ISHAN JAISWAL High Court of Judicature at Allahabad