Neutral Citation No. - 2025:AHC:63240 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 8883 of 2025 Applicant :- Ram Kailash And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Harish Chandra,Sanjay Kumar Nigam Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Sri Sanjay Kumar Nigam, learned counsel for the applicants and Sri Madhvendra Pratap Singh, learned A.G.A. for the State are present. The present application u/s 482 Cr.P.C. has been filed with prayer to quash the entire proceedings of Case No. 418 of 2001 (State vs. Ram Kailash and others), arising out of Case Crime No. 92 of 1998, under Sections 323/504 of I.P.C., P.S. Phulpur, District Prayagraj, as well as order dated 4.1.2025, whereby non bailable warrant has been issued against the applicants. After some arguments, learned counsel for the applicants does not want to press the prayer of quashing the entire proceedings of the aforesaid case, therefore, the aforesaid prayer is dismissed as not pressed. Learned counsel for the applicants submits that applicants were on bail at the time of issuing non bailable warrant. 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 528 of B.N.S.S. 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 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