Neutral Citation No. - 2025:AHC:65822 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 13197 of 2025 Applicant :- Devi Prasad And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Krishna Kant Shukla Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Sri Krishna Kant Shukla, 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 07.04.2022 passed by Additional Chief Judicial Magistrate, 10, Prayagraj in Case No.3391 of 2011, arising out of Case Crime No.87 of 2011, under Section 325, 323, 504, 506 of I.P.C. Police Station- Manda, District Prayagraj, whereby non-bailable warrant has been issued against the applicant. Learned counsel for the applicant submits that applicants were 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 and without issuing any summon or bailable warrant direct NBW has been issued. Learned counsel for the applicants further submitted that the impugned order has been passed without considering the facts and circumstances of the case and law provided in this regard. It is further submitted that order of the non-bailable warrants has been passed without satisfying the service of summons or bailable warrants. Learned A.G.A. has opposed the application. Considering submissions of learned counsel and perusing record, the instant application u/s 528 B.N.S.S. 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 applicants appear before the court below, whichever is earlier, execution of non bailable warrant against applicants shall be kept in abeyance. Order Date :- 28.4.2025 Sanjeet Digitally signed by :- SANJEET KUMAR YADAV High Court of Judicature at Allahabad