Prabhawati Devi vs State Of U.P. And Another
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Allahabad High Court

Prabhawati Devi vs State Of U.P. And Another on 1 September, 2025

Author: Sanjay Kumar Pachori

Bench: Sanjay Kumar Pachori

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?HIGH COURT OF JUDICATURE AT ALLAHABAD
 
APPLICATION U/S 528 BNSS No. - 32792 of 2025
 
Court No. - 74
 
HON'BLE SANJAY KUMAR PACHORI, J.

Sri Dharmendra Kumar, learned counsel for the applicant and Sri Abhishek Kumar, learned A.G.A. for the State are present.

The present application under Section 528 of BNSS has been filed to quash the order dated 12.01.2024 passed by Special Chief Judicial Magistrate, Varanasi in Complaint Case no. 504 of 2016, under Section 504, 506 of I.P.C. 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 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.

September 1, 2025

MAA/-