Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 7491 of 2025 Applicant :- Habib And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rakesh Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Sri Rakesh Kumar Tiwari, learned counsel for the applicants and Shri A.K. Rai, learned A.G.A. for the State are present. The present application under Section 528 of Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed by the applicants to quash the orders dated 17.8.2024 and 27.1.2025 passed by Additional Chief Judicial Magistrate, Court No. 1, Ghaziabad in Case No. 1737 of 2005 (State Vs. Wahid Pahalwan and others) and Case No. 6820 of 2006 (State Vs. Habib and others) arising out of case crime No. 887 of 2004, under Sections 147, 364 of I.P.C., P.S. Loni, District Ghaziabad, whereby non bailable warrant has been issued and proceedings under Section 82, Cr.P.C. has been initiated against the applicants. Learned counsel for the applicants submits that the impugned order has been passed by the court without satisfying itself that the summon and other process for attendance has been served and without issuing any summon or bailable warrant, direct N.B.W. has been issued. Learned counsel for the applicants further submitted that applicants are on bail. It is further submitted that order of the non- bailable warrant has been passed on 17.8.2024 and proceedings under Section 82, Cr.P.C. has been initiated on 27.1.2025 without satisfying the service of summons or bailable warrants itself and reason to believe from absconding the process of the court. 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 apply 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 the applicants shall be kept in abeyance. Order Date :- 6.3.2025 T. Sinha Digitally signed by :- TRIPTI SINHA High Court of Judicature at Allahabad