Neutral Citation No. - 2025:AHC:64842 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 14251 of 2025 Applicant :- Niraj Mishra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abhishek Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Heard Sri Abhishek Kumar Pandey, learned counsel for the applicant and Ms. Somya Madhyan, learned A.G.A. for the State. The present application under Section 528 of BNSS has been filed to quash the order dated 9.8.2024 passed by the Additional Chief Judicial Magistrate (N.R.), Varanasi, in Criminal Case No.4818 of 2011 (State v. Niraj Mishra) arising out of Case Crime No. 551 of 2011, under Sections 379 of IPC, whereby the non-bailable warrants has been issued. Learned counsel for the applicant submits that the impugned order has been passed by the court without satisfying itself that the summon and other process for attendance has been served and without issuing any summon or bailable warrant, direct N.B.W. has been issued. It is further submitted that applicant was on bail at the time of issuing non-bailable warrant. Learned counsel for the applicant further submitted that the impugned order has been passed against position of law. It is further submitted that it is a settled position of law that non- bailable warrant should be issued as a last resort after the litigants failed to respond to notice, summons and bailable warrants. It is further submitted that order of the non-bailable warrant has been passed on 9.8.2024 without satisfying the service of summons or bailable warrants itself and reason to believe from absconding the process of the court. Learned A.G.A. as well as learned counsel for the opposite party No. 2 have 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 applicant appears before the court below, whichever is earlier, execution of non bailable warrant against the applicant shall be kept in abeyance. Order Date :- 25.4.2025 Akram Digitally signed by :- MOHAMMAD AKRAM High Court of Judicature at Allahabad