Neutral Citation No. - 2025:AHC:74438 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 15179 of 2025 Applicant :- S. Sampat Kumar Alias Sampat Kumar Sneeivasa Tham Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jawahir Yadav Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Sri Jawahir Yadav, learned counsel for the applicant and Sri Abhishek Kumar, learned A.G.A. for the State are present. The present application under Section 528 of Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed to quash the order dated 12.3.2025 passed by Additional Chief Judicial Magistrate, Court No. 2, Ghaziabad in criminal case No. 2634 of 2004 (State Vs. S. Sampat Kumar), arising out of case crime No. 321 of 1991, under Section 408, I.P.C., Police Station Sahibabad, District Ghaziabad, whereby Non Bailable Warrant has been issued against the applicant. Learned counsel for the applicant submits that the present trial is pending for passing judgment in appeal wherein matter was remanded back to fresh trial. During trial as well as appeal, the applicant was on bail. 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. has opposed the application. Considering submissions of learned counsel and perusing record, the instant application under Section 528 of Bhartiya Nagrik Suraksha Sanhita, 2023 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 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 appears before the court below, whichever is earlier, execution of non bailable warrant against applicant shall be kept in abeyance. Order Date :- 8.5.2025 T. Sinha Digitally signed by :- TRIPTI SINHA High Court of Judicature at Allahabad