HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 35443 of 2025 Court No. - 75 HON'BLE SANJAY KUMAR PACHORI, J. Sri Lakshman Singh, learned counsel for the applicant and Sri Karunakar Singh, 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 08.12.2017 in Criminal Case No. 237 of 2017 arising out of Case Crime No. 181 of 1991, under Sections 409, 420, 467, 468 of I.P.C., Police Station Kuraara, District Hamirpur, pending in the court of Civil Judge, Junior Division, Hamirpur, 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 Versus Counsel for Applicant(s) : Lakshman Singh Counsel for Opposite Party(s) : G.A. Sudarshan Singh Sengar .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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 against applicant shall be kept in abeyance. October 14, 2025 Aiman NA528 No. 35443 of 2025 2 (Sanjay Kumar Pachori,J.) Digitally signed by :- AIMAN FAROOQUI High Court of Judicature at Allahabad