Neutral Citation No. - 2025:AHC:74045 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 14667 of 2025 Applicant :- Ramnath Vishwakarma And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Girish Kumar Gupta,Santosh Kumar Sharma Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Heard Sri G.K. Gupta, learned counsel for the applicants and Sri Rahul Pandey, learned Brief Holder for the State. The present application under Section 528 of BNSS has been filed to quash the order dated 23.05.2018 passed by the Judicial Magistrate-II, Varanasi in Criminal Case No. 1411 of 2012 (State v. Ramnath and Others), under Sections 447, 448, 504 and 506 of IPC, P.S. Pandudeeh, District Varanasi, whereby the non-bailable warrants has been issued. Learned counsel for the applicants 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 applicants was on bail at the time of issuing non-bailable warrant. Learned counsel for the applicants 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 23.05.2018 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 applicants 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 :- 7.5.2025 Akram Digitally signed by :- MOHAMMAD AKRAM High Court of Judicature at Allahabad