Neutral Citation No. - 2025:AHC:82594 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 15489 of 2025 Applicant :- Rajnish Kumar Upadhyay Opposite Party :- State of U.P. and Another Counsel for Applicant :- Alka Upadhyay,Manish Tiwari Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Heard Ms. Alka Upadhyay, learned counsel for the applicant and Sri Pushp Raj Singh, learned brief holder for the State. The present application under Section 528 BNSS has been filed to quash the summoning order dated 17.07.2014 and consequential order dated 15.01.2021, by which non-bailable warrant has been issued against the applicant as well as entire proceedings of Session Trial No. 418 of 2014, arising out of Case Crime No.421 of 2012, under Sections 323 & 308 IPC, P.S.- Sector 20, Noida, District- Gautam Buddh Nagar, pending in the court of Additional Sessions Judge-Ist, Gautam Buddh Nagar. Learned counsel for the applicant does not want to press the prayer for quashing the entire proceedings of case as well as summoning order. The prayer for quashing the entire proceedings of case as well as summoning order is dismissed as not pressed. Learned counsel for the applicant submits that the 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 :- 17.5.2025/P Kesari Digitally signed by :- PRACHI KESARWANI High Court of Judicature at Allahabad