HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 36609 of 2025 Court No. - 75 HON'BLE SANJAY KUMAR PACHORI, J. Learned counsel for the applicant submits that due to inadvertence the prayer has been wrongly mentioned. Learned counsel for the applicant is permitted to correct the same during the course of hearing. Sri Rajesh Kumar Gautam, 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 16.12.2023 in Criminal Case No. 10734 of 2020 arising out of Criminal Case No. 268 of 2007, under Sections 323, 324, 325, 504, 506 of I.P.C., Police Station Machhalishahar, District Jaunpur pending in the court of Additional Chief Judicial Magistrate, Court No. 2, Jaunpur 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. Versus Counsel for Applicant(s) : Rajesh Kumar Gautam Counsel for Opposite Party(s) : G.A. Chamela .....Applicant(s) State of U.P. .....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 against applicant shall be kept in abeyance. October 13, 2025 Ishan NA528 No. 36609 of 2025 2 (Sanjay Kumar Pachori,J.) Digitally signed by :- ISHAN JAISWAL High Court of Judicature at Allahabad