Neutral Citation No. - 2025:AHC:85044 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 16925 of 2025 Applicant :- Mohammad Hayat And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohammad Zafar Yab Khan,Shahroze Khan Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Sri Lavkush Bhatt, Advocate holding brief of Sri Shahroze Khan, learned counsel for the applicants and Sri Tej Bhan 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 orders dated 24.7.2024, 17.10.2024 passed by C.J.M., Siddharth Nagar, in Case No. 2994 of 2012 (State vs. Allah Rakkhu and others), arising out of Case Crime No. 577 of 2012, under Sections 323, 325, 504, 506 of I.P.C., P.S. Itwa, District Siddharth Nagar, whereby non bailable warrant has been issued against the applicant, as well as order dated 16.1.2025, whereby application to recall non bailable warrant had been dismissed. Learned counsel for the applicants submits that applicants were on bail at the time of issuing non bailable warrant. Applicant was regularly appearing before the court concerned since July, 2024. Case is related to the year 2012. 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 is finally disposed of with a direction that in case applicants appear before the court below within three weeks from today and applies 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 applicant appears before the court below, whichever is earlier, execution of non bailable warrant against the applicants shall be kept in abeyance. Order Date :- 20.5.2025 A.P. Pandey Digitally signed by :- ANAND PRAKASH PANDEY High Court of Judicature at Allahabad