Neutral Citation No. - 2025:AHC:47939 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 10184 of 2025 Applicant :- Mukesh Pandey Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manish Kumar Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Heard Sri Manish Kumar Dwivedi, learned counsel for the applicant and Sri Rahul Pandey, learned Brief Holder for the State. The present application under Section 528 of BNSS has been filed to quash the order dated 6.7.2022 passed by the Chief Judicial Magistrate, Kaushambi in Case No. 1581 of 2005 (State vs. Shankar Pasi and others) arising out of Case Crime No.277 of 2004, under Sections 41, 411, 403 IPC, Police Station-Kokhraj, District-Kaushambi, whereby the non-bailable warrants has been issued. 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. It is further submitted that applicant was on bail at the time of issuing non-bailable warrant. 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 6.7.2022 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 482 Cr.P.C. is finally disposed of with a direction that in case applicant appears before the court below within four 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 :- 4.4.2025 LN Tripathi Digitally signed by :- LALIT TRIPATHI High Court of Judicature at Allahabad