HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 6270 of 2025 Court No. - 74 HON'BLE SANJAY KUMAR PACHORI, J. Sri Atul Kumar Srivastava, learned counsel for the applicant and Sri Pushpraj Singh, learned 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 entire proceedings of Special Case No. 320 of 2011, arising out of case crime No. 303 of 2011, under Sections 452, 323, 504, 354, 506, I.P.C., Police Station Narahi, District Ballia, pending in the court of Special Judge (SC/ST Act) Ballia as well as orders dated 7.5.2022 and 10.10.2024, 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 submits that the applicant was on bail at the time of issuing of Non-Bailable Warrant and 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 bailable warrant. Learned A.G.A. has opposed the application. Considering submissions of learned counsel and perusing record, the instant Versus Counsel for Applicant(s) : Atul Kumar Srivastava Counsel for Opposite Party(s) : G.A. Sanjay .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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 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. September 26, 2025 T. Sinha NA528 No. 6270 of 2025 2 (Sanjay Kumar Pachori,J.) Digitally signed by :- TRIPTI SINHA High Court of Judicature at Allahabad