HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 36869 of 2025 Court No. - 75 HON'BLE SANJAY KUMAR PACHORI, J. Sri Shailendra Kumar Ojha, learned counsel for the applicant and Sri Karunakar 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 order dated 27.05.2025 in Criminal Case No. 2529/ix of 2012 arising out of Criminal Case No. 289 of 2009, under Sections 147, 148, 149, 336, 352, 504, 506 of I.P.C. and Section 7 Criminal Law Amendment Act, Police Station Surir, District Mathura, pending in the court of Judicial Magistrate, Court No. 8 Mathrua, whereby Non Bailable Warrant has been issued against the applicant. 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 Bhartiya Nagrik Suraksha Sanhita, 2023 is finally disposed of with a direction that in case applicant appears before the Versus Counsel for Applicant(s) : Ashutosh Mishra, Shailendra Kumar Ojha Counsel for Opposite Party(s) : G.A. Kanhaiya Lal .....Applicant(s) State of U.P. and Another .....Opposite Party(s) court below within three 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 three 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. October 7, 2025 Ishan NA528 No. 36869 of 2025 2 (Sanjay Kumar Pachori,J.) Digitally signed by :- ISHAN JAISWAL High Court of Judicature at Allahabad