Neutral Citation No. - 2025:AHC:34664 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 1444 of 2025 Applicant :- Kush Kumar @ Kush Birla Opposite Party :- State of U.P. and Another Counsel for Applicant :- Utkarsh Birla Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Sri Utkarsh Birla, learned counsel for the applicant and Sri Vijay Kumar, learned brief holder for the State are present. The present application under Section 528 BNSS has been filed to quash the entire proceedings of Criminal Case No. 420 of 2024 (State Vs. Kush Kumar) arising out of Case Crime No. 206 of 2012 under Section 279, 338 I.P.C. Police Station-Kasganj, District Kasganj as well as cognizance/summoning order dated 28.04.2012 including N.B.W. order dated 20.10.2022 pending in the Court of Civil Judge (Junior Division), Court No.1/Judicial Magistrate, Kasganj. Learned counsel for the applicant submits that the impugned order has been passed without satisfying itself that the summon and other process for attendance has been served without issuing any summon or bailable warrant direct NBW has been issued. It is further submitted that matter is related to Covid-19 Pandemic period where the non-bailable warrant has been issued. Learned counsel for the applicant further submitted that the impugned order has been passed without considering the facts and circumstances of the case and law provided in this regard. 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 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 appear before the court below, whichever is earlier, execution of non bailable warrant against applicant shall be kept in abeyance. Order Date :- 7.3.2025 Karan Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad