Neutral Citation No. - 2025:AHC:54360 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 10901 of 2025 Applicant :- Ram Murat And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dhirendra Kumar Srivastava,Shaym Dhar Yadav Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Sri Akash Patel, holding brief of Sri D.K. Srivastava, learned counsel for the applicants and Sri R.K. Singh, learned A.G.A. for the State are present. The present application under Section 582 of BNSS has been filed to quash the order dated 13.02.2025 passed by Additional Chief Judicial Magistrate, Court No. 6, Allahabad in Criminal Case No. 1699 of 2002, arising out of Case Crime No. 492 of 1999, under Sections 323, 324, 504 IPC, Police Station Sarai Inayhat, District Allahabad whereby non bailable warrant has been issued against the applicants. Learned counsel for the applicant submits that applicants were on bail at the time of issuing non bailable warrant. 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 be 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 and perusing record, the instant application u/s 582 BNSS is finally disposed of with a direction that in case applicants appear before the court below within three weeks from today and apply for bail/recall of non bailable warrant, their 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 applicants appear before the court below, whichever is earlier, execution of non bailable warrant against the applicants shall be kept in abeyance. Order Date :- 11.4.2025 Vikram Digitally signed by :- VIKRAM SINGH High Court of Judicature at Allahabad