HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 37107 of 2025 Court No. - 74 HON'BLE SANJAY KUMAR PACHORI, J. Sri Surendra Prasad Shukla and Ms. Nilam Shukla, learned counsels for the applicants and Sri B.N. Upadhyay, learned brief holder for the State are present. The present application under Section 528 of Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed to quash the order dated 22.4.2024 passed by Chief Judicial Magistrate, Varanasi in complaint case No. 1845 of 2013, under Sections 323, 504, 506, I.P.C., Police Station Rohania, District Varanasi, whereby Non Bailable Warrant has been issued against the applicants. 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 Versus Counsel for Applicant(s) : Nilam Shukla, Surendra Prasad Shukla Counsel for Opposite Party(s) : G.A. Rama Shankar And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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. September 24, 2025 T. Sinha NA528 No. 37107 of 2025 2 (Sanjay Kumar Pachori,J.) Digitally signed by :- TRIPTI SINHA High Court of Judicature at Allahabad