HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 38376 of 2025 Court No. - 75 HON'BLE SANJAY KUMAR PACHORI, J. Sri Girish Tiwari, learned counsel for the applicants 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 08.08.2025 as well as consequential order dated 12.09.2025 passed by Additional Chief Judicial Magistrate, Court No. 2, Rampur, in Criminal Case No. 536 of 2015 arising out of Criminal Case No. 251 of 2014, under Sections 323, 504, 506 of I.P.C., Police Station Ajeem Nagar, District Rampur, whereby Non Bailable Warrant has been issued against the applicants. Learned counsel for the applicants 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 court below within four weeks from today and applies for bail/recall of non bailable warrant, their application shall be decided in the light of the Versus Counsel for Applicant(s) : Girish Tiwari Counsel for Opposite Party(s) : G.A. Mohammad Sayeed And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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 four weeks from today or till applicants appears before the court below, whichever is earlier, execution of non bailable warrant against applicants shall be kept in abeyance. October 14, 2025 Ishan NA528 No. 38376 of 2025 2 (Sanjay Kumar Pachori,J.) Digitally signed by :- ISHAN JAISWAL High Court of Judicature at Allahabad