Neutral Citation No. - 2025:AHC:52831 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 10631 of 2025 Applicant :- Tausif Qureshi And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Beerendra Singh Pal Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Sri Beerendra Singh Pal, learned counsel for the applicant submits that due to inadvertence the prayer has been wrongly mentioned. Sri Beerendra Singh Pal, learned counsel for the applicant is permitted to correct the same during the course of hearing. Sri Beerendra Singh Pal, learned counsel for the applicant and Sri Ashwini Kumar Rai, learned A.G.A. for the State are present. The present application under Section 528 B.N.S.S has been filed to quash the order dated 13.08.2024 passed by Additional Civil Judge (Junior Division), Court No. 4, Ghaziabad in Criminal Case No. 24 of 2023 (State vs. Tausif Qureshi & others), arising out of Case Crime No. 142 of 2003, under Sections 411, 414, 482, 420, 467, 468, 471, & 120B IPC, P.S. Wave City, District Gramin (Commissionerate Ghaziabad), whereby NBW has been issued against the applicants. Learned counsel for the applicant submits that applicants were on bail at the time of issuance of N.B.W. 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 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. has opposed the application. Considering submissions of learned counsel for the applicants 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 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 :- 9.4.2025 PS Digitally signed by :- POOJA SHARMA High Court of Judicature at Allahabad