Neutral Citation No. - 2025:AHC:45977 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 9539 of 2025 Applicant :- Yakub Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd. Ishraque Farooqui Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Sri M. I. Farooqui, learned counsel for the applicant and Sri Abhishek Kumar, learned A.G.A. for the State are present. The present application under Section 528 BNSS has been filed to quash the entire proceedings of Case No. 5311 of 2017 (State vs. Aas Mohammad and others) arising out of Case Crime No.656 of 2001, under Sections 323, 452, 504, 427 of I.P.C., P.S. Kotwali Nagar, District Muzaffar Nagar as well as charge sheet dated 25.10.2001 and order dated 15.02.2023 whereby non bailable warrant has been issued against the applicant, pending in the Court of Chief Judicial Magistrate, Muzaffarnagar. Learned counsel for the applicant does not want to press the prayer to quash the entire proceedings. Hence, the same is dismissed as not pressed. Learned counsel for the applicant 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 applicant further submitted that the impugned order has been passed without considering the facts and circumstances of the case and law provided in this regard. It is further submitted that order of the non-bailable warrant has been passed on 15.02.2023 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 u/s 528 BNSS 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 :- 2.4.2025 AKT Digitally signed by :- ASHOK KUMAR TRIPATHI High Court of Judicature at Allahabad