Neutral Citation No. - 2025:AHC:37521 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 5172 of 2025 Applicant :- Arun Opposite Party :- State of U.P. and Another Counsel for Applicant :- Chandra Bhushan Prasad,Firoz Ahmad Khan Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Sri Chandra Bhushan Prasad, learned counsel for the applicant and Sri R.K. Singh, learned A.G.A. for the State are present. The present application under Section 482 of the Code of Criminal Procedure, 1973 has been filed to quash the order dated 01.05.2019 passed by Additional Chief Judicial Magistrate- Court No. 4, Agra in Case No. 14921 of 2017 (State of U.P. vs. Gajendra & Another), arising out of Case Crime No. 671 of 2017, under Sections 379 and 411 IPC, P.S. Shahganj, District Agra, whereby NBW has been issued against the applicant. Learned counsel for the applicants submits 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 non-bailable warrant has been issued without issuing any summon and bailable warrant. Learned counsel for the applicants further submitted that the impugned order has been passed without considering the facts and circumstances of the case and law provided in this regard. Learned A.G.A. has opposed the application. Considering submissions of learned counsel for the applicants and perusing record, the instant application u/s 482 Cr.P.C. 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 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 appear before the court below, whichever is earlier, execution of non bailable warrant against applicant shall be kept in abeyance. Order Date :- 17.3.2025 MAA/- Digitally signed by :- MOHAMMAD AZAD ANSARI High Court of Judicature at Allahabad