Neutral Citation No. - 2025:AHC:68895 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 14079 of 2025 Applicant :- Neeta Devi Shukla Alias Neeta Devi And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dinesh Kumar Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Sri Dinesh Kumar, learned counsel for the applicant and Sri Abhishek Kumar, learned A.G.A. for the State. The present application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita has been filed to quash the order dated 01.03.2025 passed by Additional Chief Judicial Magistrate, 7th Allahabad/ Prayagraj in Criminal Case No. 499 of 2006 (State Vs. Vinod Kumar and another), arising out of Case Crime No. 10 of 1993, under Section 381 of I.P.C., Police Station- Cantt., District Allahabad whereby non-bailable warrant has been issued and proceedings have been initiated against the applicants as well as entire proceedings of the aforesaid case. After some arguments, learned counsel for the applicants does not want to press the prayer of entire proceedings of the aforesaid case and the said prayer may be dismissed as withdrawn. Learned counsel for the applicants submits that at the time of issuing non-bailable warrants the applicants were on bail. It is further submitted that the impugned order has been passed without satisfying itself that the summon and other process for appearance 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. Learned A.G.A. has opposed the application. Considering submissions of learned counsel and perusing record, the instant application u/s 528 of B.N.S.S is finally disposed of with a direction that in case applicants appears before the court below within three weeks from today and apply for bail/recall of non bailable warrant, their 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 Ishan Digitally signed by :- ISHAN JAISWAL High Court of Judicature at Allahabad