Neutral Citation No. - 2025:AHC:52313 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 11574 of 2025 Applicant :- Vineet Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashish Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Sri Jai Prakash Singh, learned counsel holding brief of Sri Ashish Kumar Pandey, learned counsel for the applicant and Sri Karunakar Singh, 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 entire proceeding of Criminal Case No. 3344 of 2004 (State vs. Manoj & others), arising out of Case Crime No. 365 of 2003, under Sections 325, 326, 308, 506 IPC, P.S. Loni, District Ghaziabad, as well as order dated 05.02.2018 passed by Additional Chief Judicial Magistrate, Ghaziabad whereby NBW has been issued against the applicant. Learned counsel for the applicant does not want to press the application of quashing of entire proceedings. Learned counsel for the applicant submits that applicant was 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