Neutral Citation No. - 2025:AHC:122034 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 26311 of 2025 Applicant :- Sunil And Another Opposite Party :- State Of U.P. And Another. Counsel for Applicant :- Pawankumar Dubey Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Sri Pawan Kumar Dubey, learned counsel for the applicants and Sri Karunakar Singh, learned A.G.A. for the State are present. The present application under Section 528 of BNSS, 2023 has been filed to quash the order dated 18.06.2024 passed by Additional Chief Judicial Magistrate- Ist, Shahjahanpur in Complaint Case No. 1407 of 2008 (Taraknath vs. Amarnath and others), under Sections 323, 504, 506 of I.P.C. whereby NBW has been issued against the applicant as well as proceedings under Section 83 of Cr.PC. have been initiated against the applicants. Learned counsel for the applicants submits that the 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 rersort 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 for the applicants and perusing record, the instant application u/s 528 of BNSS is finally disposed of with a direction that in case applicants appear before the court below within three weeks from today and apply for bail/recall of non bailable warrant, their 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 applicants appear before the court below, whichever is earlier, execution of non bailable warrant as well as proceeding initiated under Section 82 of Cr.P.C. against applicants shall be kept in abeyance. Order Date :- 24.7.2025 MAA/- Digitally signed by :- MOHAMMAD AZAD ANSARI High Court of Judicature at Allahabad