Neutral Citation No. - 2025:AHC:73155 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 15700 of 2025 Applicant :- Jang Bahadur Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ravindra Kumar Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Sri Ravindra Kumar, learned counsel for the applicant and learned A.G.A. for the State are present. The present application under Section 528 B.N.S.S. has been filed to quash the order dated 29.9.2021 passed by learned Additional Chief Judicial Magistrate, Court No.16, Allahabad in Case No.157 of 2011 in Case Crime No.6 of 2010, under Sections 363, 366 of I.P.C., P.S. Jhunsi, District Allahabad, whereby non bailable warrant has been issued against the applicant. Learned counsel for the applicant submits that applicant was 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. has opposed the application. Considering submissions of learned counsel and perusing record, the instant application u/s 528 BNSS 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 :- 6.5.2025 SFH Digitally signed by :- SYED FAHIM HUSAIN High Court of Judicature at Allahabad