Neutral Citation No. - 2025:AHC:56194 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 12557 of 2025 Applicant :- Manvendra And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Munna Prasad Yadav Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Sri Munna Prasad yadav, learned counsel for the applicants and learned A.G.A. for the State are present. The present application under Section 528 of B.N.S.S. has been filed to quash the order dated 26.8.2023 passed by Additional Civil Judge (S.D.), Court No. 20, Shahjahanpur, as well as entire proceedings of case arising out of Case Crime No. 209 of 2019, under Sections 147, 148, 149, 307, 506 of I.P.C., P.S. S.M. South, District Shahjahnapur, as well as cognizance/summoning order dated 21.4.2022, whereby non bailable warrant has been issued against the applicants. After some arguments, learned counsel for the applicants does not want to press the prayer of quashing the entire proceedings as well as cognizance order. In view of above, the prayer for quashing the entire proceedings and cognizance order is dismissed as not pressed. 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. as well as learned counsel for the opposite party No. 2 have opposed the application. Considering submissions of learned counsel and perusing record, the instant application u/s 528 of B.N.S.S. 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 :- 16.4.2025 A.P. Pandey Digitally signed by :- ANAND PRAKASH PANDEY High Court of Judicature at Allahabad Digitally signed by :- ANAND PRAKASH PANDEY High Court of Judicature at Allahabad