Neutral Citation No. - 2025:AHC:63225 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 6046 of 2025 Applicant :- Virender Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mithilesh Kumar Gautam,Tripurari Pal Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Sri Tripurari Pal, learned counsel for the applicant and Sri Chhavi Pal Singh, learned A.G.A. for the State are present. The present application under Section 528 of B.N.S.S. has been filed to quash the order dated 12.10.2022 passed by Judicial Magistrate, Court No. 2, Gyanpur, at Bhadohi, in Case No. 429 of 2009, (State vs. Virendra) arising out of Case Crime No. 377 of 2005, under Sections 147, 148, 338, 307, 353, 435, 427 of I.P.C., P.S. Koirana, District Sant Ravidas Nagar, whereby non bailable warrant has been issued against the applicant. Learned counsel for the applicant submits that applicant was on bail at the time of issuing non bailable warrant. It is further submitted that other co-accused persons have been acquitted by the trial court on 4.2.2008. 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. as well as learned counsel for the opposite party No. 2 have opposed the application. Considering submissions of learned counsel 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 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 the applicant shall be kept in abeyance. Order Date :- 24.4.2025 A.P. Pandey Digitally signed by :- ANAND PRAKASH PANDEY High Court of Judicature at Allahabad