HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 39122 of 2025 Court No. - 75 HON'BLE SANJAY KUMAR PACHORI, J. Sri Mohd. Zafar Yab Khan, learned counsel for the applicants and Sri Manoj Kumar 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 23.12.2013 passed against applicant no. 1 and 3 and order dated 02.02.2024 passed against applicant no. 2 in Criminal Case No. 3280 of 1992 arising out of Case Crime No. 106 of 1992 (State Vs. Imtiyaz and Others), under Sections 147, 325, 323, 504 of I.P.C., Police Station Siddharth Nagar, District Siddharth Nagar, pending in the court of Chief Judicial Magistrate, Siddharth Nagar, District Siddharth Nagar whereby Non Bailable Warrant has been issued against the applicants. Learned counsel for the applicants submits that the applicants were on bail at the time of issuing of Non-Bailable Warrant. It is further submitted that the impugned orders have 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. Versus Counsel for Applicant(s) : Mohammad Zafar Yab Khan, Shahroze Khan Counsel for Opposite Party(s) : G.A. Ahmad Ali Khan And 2 Others .....Applicant(s) State of U.P. .....Opposite Party(s) 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 applicants appear before the court below within three weeks from today and applies for bail/recall of non bailable warrant, their 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 applicants appear before the court below, whichever is earlier, execution of non bailable warrant against applicants shall be kept in abeyance. October 15, 2025 Vibha Singh NA528 No. 39122 of 2025 2 (Sanjay Kumar Pachori,J.) Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad