Neutral Citation No. - 2025:AHC:71833 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 15388 of 2025 Applicant :- Umesh Pandey And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Naresh Shukla,Ram Pratap Yadav,Rishabh Shukla Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Sri R.P. Yadav, learned counsel for the applicants and Sri Pranvijay Singh, learned A.G.A. for the State are present. The present application under Section 528 of B.N.S.S. has been filed to quash the order dated 18.3.2025 passed by Additional Civil Judge (J.D.), Court No. 1, Kanpur Nagar, in Case No. 2320 of 2010 (State vs. Umesh Pandey and others), under Sections 323, 504 of I.P.C., P.S. Chakeri, District Kanpur Nagar, whereby non bailable warrant has been issued against the applicants. Learned counsel for the applicant submits that applicants were on bail at the time of issuing 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. 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 528 of B.N.S.S. is finally disposed of with a direction that in case applicants appear before the court below within three weeks from today and apply for bail/recall of non bailable warrant, their 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 :- 5.5.2025 A.P. Pandey Digitally signed by :- ANAND PRAKASH PANDEY High Court of Judicature at Allahabad