Neutral Citation No. - 2025:AHC:48393 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 10334 of 2025 Applicant :- Rajdhar Pathak Opposite Party :- State of U.P. and Another Counsel for Applicant :- Niraj Kumar Thakur Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Sri Ashok Kumar Singh, learned counsel for the applicant and learned A.G.A. for the State are present. The present application under Section 528 of B.N.S.S. has been filed to quash the order dated 31.1.2025 passed by Judicial Magistrate-II, Court No. 13, Basti, in S.T. No. 1145 of 2002 (State vs. Rajdhar Pathak) arising out of Case Crime No. 252 of 1997, under Sections 379, 352, 504, 506 of I.P.C., P.S. Bakhira, District Sant Kabir Nagar, whereby non bailable warrant has been issued against the applicant and proceedings under Sections 82 and 83 of Cr.P.C. have been initiated. Learned counsel for the applicant submits that applicant was on bail at the time of issuing non bailable warrant as well as passing other orders. It is further submitted 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 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. 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 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 :- 5.4.2025 A.P. Pandey Digitally signed by :- ANAND PRAKASH PANDEY High Court of Judicature at Allahabad Digitally signed by :- ANAND PRAKASH PANDEY High Court of Judicature at Allahabad