HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 37126 of 2025 Court No. - 75 HON'BLE SANJAY KUMAR PACHORI, J. Sri Ajay Kumar Mishra, learned counsel for the applicant and Sri Alok Mishra, learned A.G.A. for the State are present. The present application under Section 528 of Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed to quash the order dated 13.12.2024 and order dated 27.03.2025 passed in Criminal Case No. 6389 of 2023, arising out of Case Crime No. 411 of 2001, under Sections 392 & 411 of I.P.C., Police Station Didoli, District Amroha, pending in the court of Additional Chief Judicial Magistrate, Court No. 2, Amroha, whereby Non Bailable Warrant and proceedings u/s 82 & 83 Cr.P.C. have been issued and initiated against the applicant, respecively. 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. Versus Counsel for Applicant(s) : Ajay Kumar Mishra Counsel for Opposite Party(s) : G.A. Mohd Ateek .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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 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 and process u/s 82 & 83 Cr.P.C. issued against the applicant, shall be kept in abeyance. October 15, 2025 Vibha Singh NA528 No. 37126 of 2025 2 (Sanjay Kumar Pachori,J.) Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad