Neutral Citation No. - 2025:AHC:86842 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 18336 of 2025 Applicant :- Athahar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Arvind Kumar Sahu,Praveen Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Sri Arvind Kumar Sahu, learned counsel for the applicant and Sri B.N. Upadhyay, learned A.G.A. for the State are present. The present application under Section 528 of BNSS of 2023 has been filed to quash the entire proceedings of Session Trial No. 163 of 2013, arising out of case crime No. 908 of 2004, under Sections 392, 328, I.P.C., Police Station Gajraula, District Amroha as well as cognizance/summoning order dated 15.7.2005 as well as order dated 17.2.2020, whereby Non Bailable Warrant and proceeding under Section 82, Cr.P.C. has been issued against the applicant, pending in the court of Sessions Judge, J.P. Nagar/Amroha. Learned counsel for the applicant does not want to press the prayer for quashing the entire proceedings of case as well as summoning order. The prayer for quashing the entire proceedings of case as well as summoning order is dismissed as not pressed. Learned counsel for the applicant submits that the applicant was on bail at the time of issuing of 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 under Section 528 of BNSS of 2023 is finally disposed of with a direction that in case applicant appears before the court below within four 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 four weeks from today or till applicant appears before the court below, whichever is earlier, execution of non bailable warrant against applicant shall be kept in abeyance. Order Date :- 22.5.2025 T. Sinha Digitally signed by :- TRIPTI SINHA High Court of Judicature at Allahabad