HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 40034 of 2025 Court No. - 75 HON'BLE SANJAY KUMAR PACHORI, J. Sri Rahul Mishra, learned counsel for the applicant and Sri Alok Mishra, learned A.G.A. for the State and perused the material on record. The present application under Section 528 of Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed by the applicant to quash the entire proceedings of Criminal Case No. 171 of 2004 (State Vs. Ramsukh Verma), arising out of Case Crime No. 191 of 2003, under Sections 279 and 304-A of I.P.C., Police Station-Kishanpur, District-Fatehpur as well as attachment order dated 22.07.2025, pending in the Court of Judicial Magistrate, Khaga Fatehpur, 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 Versus Counsel for Applicant(s) : Rahul Mishra Counsel for Opposite Party(s) : G.A. Ramsukh Verma .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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 applicant shall be kept in abeyance. (Sanjay Kumar Pachori,J.) October 15, 2025 Vibha Singh NA528 No. 40034 of 2025 2 Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad