Neutral Citation No. - 2025:AHC:85771 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 17055 of 2025 Applicant :- Satish Chandra And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Raghvendra Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Sri Raghvendra, learned counsel for the applicants and Sri Kamleshwar 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 entire proceedings of Case No. 2448 of 2020, arising out of Case Crime No. 16 of 2019, under Sections 419, 420, 467, 468, 471, 406 of I.P.C., P.S. Sidhpura, District Kasganj, as well as cognizance/summoning order dated 28.10.2020 and order dated 2.4.2025, whereby non bailable warrant has been issued against the applicants, pending in the Court of C.J.M., Kasganj. After some arguments, learned counsel for the applicants does not want to press the prayer of quashing the entire proceedings as well as cognizance order, hence the said relief is dismissed as not pressed. Learned counsel for the applicants 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 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 applicants appear before the court below, whichever is earlier, execution of non bailable warrant against the applicants shall be kept in abeyance. Order Date :- 21.5.2025 A.P. Pandey Digitally signed by :- ANAND PRAKASH PANDEY High Court of Judicature at Allahabad