Neutral Citation No. - 2025:AHC:48902 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 10260 of 2025 Applicant :- Mohammad Arif And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Aishanvi Malaviya,Ananya Shukla Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Ms. Aishanvi Malaviya, learned counsel for the applicants and Sri R.K. Singh, 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 13.02.2024, 03.04.2024, 24.06.2024, 28.08.2024, 11.11.2024, 11.12.2024 and 11.02.2025 passed by Additional Chief Judicial Magistrate- Court No. 2, Varanasi in Crimianl Case No. 74 of 2013 (State of U.P. vs. Vakeel Ahmad and others), under Sections 406, 323, 506 IPC, P.S. Kotwali, District Varanasi, whereby Non- Bailable Warrant has been issued. 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. It is further submitted that at the time of issuing Non-Bailable Warrant the applicant was on bail. 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 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 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 appear before the court below, whichever is earlier, execution of non bailable warrant against applicant shall be kept in abeyance. Order Date :- 5.4.2025 MAA/- Digitally signed by :- MOHAMMAD AZAD ANSARI High Court of Judicature at Allahabad