Neutral Citation No. - 2025:AHC:49137 Court No. - 72 Case :- APPLICATION U/S 482 No. - 39952 of 2024 Applicant :- Phool Chandra Opposite Party :- State Of U.P. Through Secretary Home Up At Lko. And Another Counsel for Applicant :- Utsav Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Heard Sri Utsav, learned counsel for the applicant and learned A.G.A. for the State. The present application under Section 482 of the Code of Criminal Procedure, 1973 has been filed with a prayer to quash the order dated 16.03.2024 passed by the Chief Judicial Magistrate, Kaushambi, in Criminal Case No. 1465 of 2005 (State Vs. Phool Chandra), arising out of Case Crime No.C- 20/2005, under Sections 504, 506 I.P.C., Police Station Manjhanpur, District Kaushambi, whereby the non-bailable warrants has been issued against the applicant. Learned counsel for the applicant does not want to press the quashing of the entire proceedings of criminal case. Learned counsel for the applicant submits that the impugned order has been passed by the court without satisfying itself that the summon and other process for attendance has been served and without issuing any summon or bailable warrant, direct N.B.W. has been issued. It is further submitted that applicant was on bail at the time of issuing non-bailable warrant. Learned counsel for the applicant further submitted that the impugned order has been passed without considering the facts and circumstances of the case and law provided in this regard. It is further submitted that order of the non-bailable warrant has been passed on 16.03.2024 without satisfying the service of summons or bailable warrants itself and reason to believe from absconding the process of the court. Learned A.G.A. has opposed the application. Considering submissions of learned counsel and perusing record, the instant application u/s 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 against the applicant shall be kept in abeyance. Order Date :- 5.4.2025 RKM Digitally signed by :- RAJESH KUMAR MAURYA High Court of Judicature at Allahabad