Neutral Citation No. - 2025:AHC:62363 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 12655 of 2025 Applicant :- Dinesh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Himanshu Mishra Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Sri Himanshu Mishra, learned counsel for the applicant and Sri Pankaj Kumar Rai, learned A.G.A. for the State are present. Delay in filing the present application has been explained. The present application under Section 482 of the Code of Criminal Procedure, 1973 has been filed to quash the order dated 06.06.2000 as well as order dated 03.02.2012, whereby cognizance/summoning order as well as Non-Bailable Warrant order has been passed against the applicant by Additional Chief Judicial Magistrate- Mathura in Criminal Case No. 1300/IX of 2000, under Sections 332, 353, 336, 506 IPC, P.S. Kotwali, District Mathura. Learned counsel for the applicant submits that he does not want to press the cognizance/summoning order at this stage. Therefore, the prayer to quash the cognizance/summoning order is dismissed as not pressed. Learned counsel for the applicant submits 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 non-bailable warrant has been issued without issuing any summon and bailable warrant. It is further submitted that the applicant was on bail at the time of issuing the Non- Bailable Warrant. 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. Learned A.G.A. has opposed the application. Considering submissions of learned counsel for the applicant and perusing record, the instant application u/s 528 of BNSS 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 :- 24.4.2025 MAA/- Digitally signed by :- MOHAMMAD AZAD ANSARI High Court of Judicature at Allahabad