Neutral Citation No. - 2025:AHC:68437 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 12824 of 2025 Applicant :- Mohammad Kalim Alias Kalim And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dinesh Kumar Maurya Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Sri Dinesh Kumar Maurya, learned counsel for the applicants and Sri R.K. Singh, learned A.G.A. for the State are present. The present application under Section 528 of BNSS has been filed to quash the orders dated 21.10.2023 as well as 18.03.2025 passed by Chief Judicial Magistrate, Mainpuri in case no. 2867 of 2020 (State vs. Avanish Kumar @ Golu and oathers), arising out of Case Crime No. 404 of 2020, under Sections 379, 411, 413, 420 of I.P.C., P.S. Bewar, District Mainpur, whereby NBW has been issued against the applicants. Learned counsel for the applicants 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. 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. Learned A.G.A. has opposed the application. Considering submissions of learned counsel for the applicants 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 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 :- 1.5.2025 MAA/- Digitally signed by :- MOHAMMAD AZAD ANSARI High Court of Judicature at Allahabad