NA528/42889/2026 of SARFARAJ Vs STATE OF U.P. AND 3 OTHERS on 5 October 2026

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 42889 of 2026 Court No. - 75 HON'BLE SANJAY KUMAR PACHORI, J. Sri Haseeb Alam Ansari, learned counsel for the applicant and Sri Rahul Pandey, brief holder for the State are present. The present application under Section 528 of Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed to quash the order dated 23.05.2025 passed by Additional Sessions Judge, Court No. 14, Saharanpur, in Special Case No. 1191 of 2024, arising out of Case Crime No. 84 of 2024, under Sections 363, 376(3) of I.P.C. and Section 4(2) of POCSO Act, whereby Non Bailable Warrant has been issued against the applicant. Learned counsel for the applicant submits that the applicant was on bail at the time of issuing of 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. has opposed the application. Considering submissions of learned counsel and perusing record, the instant application under Section 528 of Bhartiya Nagrik Suraksha Sanhita, 2023 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 Versus Counsel for Applicant(s) : Haseeb Alam Ansari Counsel for Opposite Party(s) : G.A. Sarfaraj .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s)

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. October 6, 2026 Ishan NA528 No. 42889 of 2026 2 (Sanjay Kumar Pachori,J.) Digitally signed by :- ISHAN JAISWAL High Court of Judicature at Allahabad