Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 12453 of 2025 Applicant :- Fulwari And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mool Chandra Maurya Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Sri Mool Chandra Maurya, learned counsel for the applicants and Sri Pushp Raj Singh, 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 04.03.2025 passed by Chief Judicial Magistrate, Etah in Criminal Case No.1505 of 2015 (State vs. Fulwari and others), arising out of Case Crime No.588 of 2014, under Sections 325, 323, 504, 506 of I.P.C., P.S. Kotwali Dehat, District Etah, whereby non bailable warrant has been issued against the applicants. Learned counsel for the applicant submits that applicant was on bail at the time of issuing improper non bailable warrant. 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 of 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 applications 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 :- 16.4.2025 Jitendra Digitally signed by :- JITENDRA KUMAR PATEL High Court of Judicature at Allahabad Digitally signed by :- JITENDRA KUMAR PATEL High Court of Judicature at Allahabad