HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 41047 of 2026 Court No. - 70 HON'BLE SANJAY KUMAR PACHORI, J. Sri Ajay Kumar Srivastava, learned counsel for the applicant and Sri Abhishek Kumar, learned A.G.A. for the State are present. The present application under Section 528 BNSS has been filed to quash the order dated 24.07.2026 passed by the Upper Sessions Judge/Special Judge Pocso-2nd, District-Gautam Budh Nagar, in Sessions Case No. 24 of 2025 in Case Crime No. 765 of 2024, under Sections 65(1), 351(3) of BNS and 5(L)(N)/6 Pocso Act, Police Station- Bisrakh, District-Gautam Budh Nagar (State of U.P. Vs. Ravi Yadav). whereby NBW has been issued against the applicant. Learned counsel for the applicant submits that the applicant was 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 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 for the applicants and perusing record, the instant application is finally disposed of with a direction that in Versus Counsel for Applicant(s) : Ajay Kumar Srivastava Counsel for Opposite Party(s) : G.A. Amit @ Ravi .....Applicant(s) State Of U.P. And Another .....Opposite Party(s) case applicant appears before the court below within two 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 two 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. September 24, 2026 Neetu NA528 No. 41047 of 2026 2 (Sanjay Kumar Pachori,J.) Digitally signed by :- NEETU SINGH High Court of Judicature at Allahabad