HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 37820 of 2025 Court No. - 75 HON'BLE SANJAY KUMAR PACHORI, J. Sri Brijesh Chandra Tripathi, learned counsel for the applicant and Sri Alok Mishra, learned A.G.A. for the State. The present application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita has been filed to quash the order dated 01.09.2025 and 04.09.2025 passed by Additional Sessions Judge Court No. 2, Jaunpur in Session Trial No. 318 of 2023 arising out of Case Crime No. 08 of 2020, under Sections 323, 504, 506, 308 of I.P.C., Police Station- Sarpataha, District Jaunpur, 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 Versus Counsel for Applicant(s) : Brijesh Chandra Tripathi Counsel for Opposite Party(s) : G.A. Anil Kumar Tiwari Alias Babloo .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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. October 10, 2025 Ishan NA528 No. 37820 of 2025 2 (Sanjay Kumar Pachori,J.) Digitally signed by :- ISHAN JAISWAL High Court of Judicature at Allahabad Digitally signed by :- ISHAN JAISWAL High Court of Judicature at Allahabad