Dharmendra Kumar Singh vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Dharmendra Kumar Singh vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Execution of the non-bailable warrant against the applicant kept in abeyance for three weeks or until his appearance before the court below, whichever is earlier; if the applicant appears within three weeks and applies for bail/recall of the NBW, the application is to be decided in light of the specified Supreme Court judgments.

Issue for consideration

Whether the non-bailable warrant issued against the applicant by order dated 16.01.2025 ought to be quashed, the applicant having been on bail and no summons or bailable warrant having preceded the warrant (as contended by the applicant).

Court's answer

The application 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 made by the Supreme Court in Satender Kumar Antil v. CBI, (2021) 10 SCC 773, Siddharth v. State of U.P., 2022 (11) SCC 676 and Aman Preet Singh v. CBI, 2021 SCC Online SC 941.

Ratio / Principle

For a period of three weeks from the date of the order, or until the applicant appears before the court below, whichever is earlier, execution of the non-bailable warrant against the applicant shall remain in abeyance.

Detailed headnote1 paragraphs

Allahabad High Court (Sanjay Kumar Pachori, J.) disposed of an application under Section 528 BNSS seeking quashing of a non-bailable warrant dated 16.01.2025 issued by the Judicial Magistrate Ist, Court No. 17, Jaunpur in Case no. 6165 of 2022 (arising out of Case Crime No. 241 of 2019, under Sections 354(B), 323, 504, 506 and 452 IPC). The applicant contended he was on bail when the NBW was issued and that no summons or bailable warrant had preceded it. Without expressing final opinion on merits, the Court directed that if the applicant appears before the trial court within three weeks and applies for bail/recall of the NBW, his application shall be decided in the light of the Supreme Court's observations in Satender Kumar Antil v. CBI, (2021) 10 SCC 773, Siddharth v. State of U.P., 2022 (11) SCC 676 and Aman Preet Singh v. CBI, 2021 SCC Online SC 941. Execution of the NBW was kept in abeyance for three weeks or until the applicant's appearance, whichever is earlier.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 42793 of 2025

Dharmendra Kumar Singh

.....Applicant(s)

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

Court No. - 75

HON'BLE SANJAY KUMAR PACHORI, J.

During course of hearing learned counsel for the applicant has corrected the prayer clause of this application.

Sri Ashutosh Upadhyay, learned counsel for the applicant 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 16.01.2025 passed by Judicial Magistrate Ist, Court No. 17, Jaunpur in Case no. 6165 of 2022, arising out of Case Crime No. 241 of 2019, under Section 354(B), 323, 504, 506, 452 of IPC, whereby NBW has been issued against the applicant.

Learned counsel for the applicant submits that the 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.

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

NA528 No. 42793 of 2025

2

record, the instant application 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 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.

November 4, 2025

MAA/-

(Sanjay Kumar Pachori,J.)

Digitally signed by :- MOHAMMAD AZAD ANSARI High Court of Judicature at Allahabad