HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 9485 of 2025 Court No. - 34 HON'BLE TEJ PRATAP TIWARI, J. 1. Heard Sri Avnish Kumar Tiwari, learned counsel for the applicants and learned A.G.A. for the State are present. 2. The present application under Section 482 Cr.P.C has been filed to quash the further proceedings of Case No. 8658 of 2023 (State vs. Sanjay Goswami & others), arising out of Case Crime No. 1068 of 2008, under Sections 147, 341, 353, 504 IPC and 6 United Province Special Power Act, P.S. Nighasan, District Kheri, as well as summoning order dated 23.03.2010 and order of N.B.W. dated 18.12.2024 passed by Judicial Magistrate, Lakhimpur Kheri. 3. Learned counsel for the applicants does not want to press the application of quashing of entire proceedings. 4. Learned counsel for the applicants submit that applicants were on bail at the time of issuance of N.B.W. 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 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. 5. Learned A.G.A. has opposed the application. Versus Counsel for Applicant(s) : Dr. Surendra Kumar Misra, Avnish Kumar Tiwari Counsel for Opposite Party(s) : G.A. Kalamuddin And Another .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) 6. Considering submissions of learned counsel for the applicants and perusing record, the instant application u/s 482 Cr.P.C. is finally disposed of with a direction that in case applicants appear before the court below within four weeks from today and applies for bail/recall of non bailable warrant, his application shall be 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. 7. For a period of four weeks from today or till applicant appear before the court below, whichever is earlier, execution of non bailable warrant against applicant shall be kept in abeyance. November 12, 2025 P.S A482 No. 9485 of 2025 2 (Tej Pratap Tiwari,J.) Digitally signed by :- POOJA SHARMA High Court of Judicature at Allahabad, Lucknow Bench