HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 37652 of 2025 Court No. - 75 HON'BLE SANJAY KUMAR PACHORI, J. Sri Brij Bhushan Prasad Shrivastava, learned counsel for the applicant and Sri A.K. Rai, learned A.G.A. for the State are present. The present application under Section 482 of Cr.P.C. has been filed to quash the entire proceedings of criminal case No. 5246 of 1991, arising out of case crime No. 27 of 1991, under Section 406, I.P.C., Police Station Kotwali, District Deoria as well as cognizance/summoning order dated 24.3.1992 as well as orders dated 2.9.2025 and 5.9.2025, whereby Non Bailable Warrant as well as proceeding under Section 82, Cr.P.C. has been initiated against the applicant. Learned counsel for the applicant does not want to press the prayer for quashing the entire proceedings of case as well as summoning order. The prayer for quashing the entire proceedings of case as well as summoning order is dismissed as not pressed. Learned counsel for the applicant submits that the applicant was on bail at the time of issuing of Non-Bailable Warrant initiating proceeding under Section 82, Cr.P.C. 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 Versus Counsel for Applicant(s) : Brij Bhushan Prasad Shrivastava Counsel for Opposite Party(s) : G.A. Ravindra Nath Sinha .....Applicant(s) State of U.P. and Another .....Opposite Party(s) bailable warrant. Learned A.G.A. has opposed the application. Considering submissions of learned counsel and perusing record, the instant application under Section 482, Cr.P.C. 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 as well as proceeding under Section 82, Cr.P.C against applicant shall be kept in abeyance. October 9, 2025 T. Sinha NA528 No. 37652 of 2025 2 (Sanjay Kumar Pachori,J.) Digitally signed by :- TRIPTI SINHA High Court of Judicature at Allahabad