Neutral Citation No. - 2025:AHC:35499 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 7947 of 2025 Applicant :- Santosh Kumar Alias Santosh Kumar Gupta Opposite Party :- State of U.P. and Another Counsel for Applicant :- Akhilesh Singh,Yogendra Yadav Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Sri Akhilesh Singh, learned counsel for the applicant and Sri Ashwani Kumar Rai, 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 orders dated 23.10.2013 passed by Chief Judicial Magistrate, Azamgarh in Case no. 3854 of 2008 (New No. 620 of 2024) (State vs. Santosh Kumar Gupta), arising out of Case Crime No. 875 of 2008, under Sections 279, 337, 338 IPC, P.S. Phoolpur, District Azamgarh, 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 four 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 :- 11.3.2025 MAA/- Digitally signed by :- MOHAMMAD AZAD ANSARI High Court of Judicature at Allahabad