Neutral Citation No. - 2025:AHC:76602 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 13170 of 2025 Applicant :- Mukesh Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Puneet Srivastava Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Sri Puneet Srivastava, learned counsel for the applicant and Sri B.N. Upadhyay, learned A.G.A. for the State are present. The present application under Section 528 of Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed by the applicant to quash the order dated 9.12.2015 and other consequential orders till 7.4.2025 passed by Additional Sessions Judge, Court No. 8, Aligarh in Session Trial No. 901 of 2014 (State Vs. Mukesh), arising out of case crime No. 65 of 2014, under Section 307, I.P.C., Police Station Sasnigate, District Aligarh, whereby Non Bailable Warrant has been issued against the applicant. Learned counsel for the applicant submits that the impugned F.I.R. has been lodged by Sub-Inspector of Police. It is further submitted that applicant was on bail at the time of issuing of 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 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 :- 12.5.2025 T. Sinha Digitally signed by :- TRIPTI SINHA High Court of Judicature at Allahabad