HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 40029 of 2025 Court No. - 75 HON'BLE SANJAY KUMAR PACHORI, J. Sri Manju Pandey, learned counsel for the applicant and Ms. Saumya Madhyan, learned Brief Holder 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 15.05.2025 & 18.09.2025 passed by Civil Judge, Junior Division, Sonbhadra in Criminal Case No. 1395 of 2016, arising out of Case Crime No. 637 of 2016, under Sections 279, 304-A, 427 of I.P.C. Police Station Rabertsganj, District Sonbhadra, whereby Non Bailable Warrant as well as proceedings under Sections 82 & 83 Cr.P.C. has been initiated. 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) : Manju Pandey Counsel for Opposite Party(s) : G.A. Chandrajeet Pal .....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 as well as proceedings under Section 82/83 of Cr.P.C. against applicant shall be kept in abeyance. October 15, 2025 Vibha Singh NA528 No. 40029 of 2025 2 (Sanjay Kumar Pachori,J.) Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad