Neutral Citation No. - 2025:AHC:144786 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 31096 of 2025 Applicant :- Rajpal Alias Raja And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Lavkush Kumar Bhatt Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Sri Mohd. Jafaryab Khan, Advocate holding brief of Shri Lavkush Kumar Bhatt, learned counsel for the applicants and Sri Chhavi Pal Singh, learned A.G.A. for the State are present. The present application under Section 528 of Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed to quash the entire proceedings of complaint case No. 112 of 2016 as well as cognizance/summoning order dated 16.1.2017, whereby learned magistrate took cognizance under Section 392, I.P.C., Police Station Kotwali Farrukhabad, District Farrukhabad as well as order dated 3.8.2022, whereby Non Bailable Warrant has been issued against the applicants, pending in the court of Special Judge (D.A.A.) Farrukhabad. Learned counsel for the applicants 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 applicants submits that the applicants were 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 Bhartiya Nagrik Suraksha Sanhita, 2023 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 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 applicants shall be kept in abeyance. Order Date :- 22.8.2025 T. Sinha Digitally signed by :- TRIPTI SINHA High Court of Judicature at Allahabad