Neutral Citation No. - 2025:AHC:73232 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 13431 of 2025 Applicant :- Rahul Sharma And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rakesh Kumar Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Sri Rakesh Kumar, 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 26.04.2024 passed by learned Civil Judge (S.D.)/F.T.C., Gautam Buddha Nagar in Criminal Case No.763 of 2021, under Sections 308 of I.P.C., P.S. Phase-III, District Gautam Buddha Nagar, whereby non bailable warrant has been issued against the applicants. Learned counsel for the applicants 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. 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 482 Cr.P.C. 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 applicants appear before the court below, whichever is earlier, execution of non bailable warrant against the applicants shall be kept in abeyance. Order Date :- 6.5.2025 SFH Digitally signed by :- SYED FAHIM HUSAIN High Court of Judicature at Allahabad