Neutral Citation No. - 2025:AHC:54962 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 12037 of 2025 Applicant :- Gopal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Jatan Yadav Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Sri Ram Jatan Yadav, learned counsel for the applicant and Smt. Ladli Pandey, learned A.G.A. for the State are present. The present application under Section 528 of BNSS has been filed to quash the order dated 13.11.2018 passed by Special Judge (D.A.A.), Agra in Special Sessions Trial No. 99 of 2017, arising out of Case Crime No. 789 of 2016, under Section 392 of IPC, Police Station Sadar Bazar, District Agra whereby non bailable warrant has been issued against the applicant. Learned counsel for the applicant submits that applicant was 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. 528 BNSS is finally disposed of with a direction that in case applicant appears before the court below within three weeks from today and apply 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 appear before the court below, whichever is earlier, execution of non bailable warrant against the applicant shall be kept in abeyance. Order Date :- 11.4.2025 Vikram Digitally signed by :- VIKRAM SINGH High Court of Judicature at Allahabad