HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 41631 of 2026 Court No. - 77 HON'BLE SANJAY KUMAR PACHORI, J. Sri Hanuman Deen Verma, learned counsel for the applicant and Sri Abhishek Kumar, brief holder for the State 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 Special Case No. 222 of 2019, arising out of Case Crime No. 293 of 2018, under Sections 363, 366, 504, 506, 376, 323 of I.P.C. and Section 3/4, POCSO Act, Police Station Sewrahi, District Kushinagar, as well as cognizance order dated 08.04.2019 as well as order dated 20.07.2026 whereby non-bailable warrant has been issued against the applicants pending in the court of Special Judge POCSO Act, Kushinagar at Padrauna. Learned counsel for the applicants does not want to press the relief of quashing the entire proceedings of Session Trial as well as cognizance order. Hence, these reliefs are dismissed as not pressed. So far as concerned with regard to non-bailable warrant, 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. Versus Counsel for Applicant(s) : Hanuman Deen Verma Counsel for Opposite Party(s) : G.A. Raj Kumar Majhi And 3 Others .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) 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 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 applicants appear before the court below, whichever is earlier, execution of non bailable warrant against applicants shall be kept in abeyance. September 29, 2026 Ishan NA528 No. 41631 of 2026 2 (Sanjay Kumar Pachori,J.) Digitally signed by :- ISHAN JAISWAL High Court of Judicature at Allahabad