Neutral Citation No. - 2025:AHC:73193 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 15688 of 2025 Applicant :- Amarjeet Opposite Party :- State of U.P. and Another Counsel for Applicant :- Akansha Verma,Deepak Kumar Verma Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Sri Deepak Kumar Verma, learned counsel for the applicant and learned A.G.A. for the State are present. The present application under Section 528 of BNSS has been filed to quash the order dated 28.6.2024 passed by learned 2nd A.D.J.( Spl. Judge, SC/ST) Act, Ramabai Nagar (Kanpur Dehat), in S.T. No.545 of 2023 (State Vs. Ajay Kumar and others) arising out of Case Crime No.210 of 2019, under Sections 411, 413, 414, 420, 467, 468, 471 I.P.C., P.S.Musanagar, District Ramabai Nagar ( Kanpur Dehat), 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 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 :- 6.5.2025 SFH Digitally signed by :- SYED FAHIM HUSAIN High Court of Judicature at Allahabad