HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 43744 of 2026 Court No. - 75 HON'BLE SANJAY KUMAR PACHORI, J. Sri Abhishek Kumar Shukla, learned counsel for the applicant and Sri Chavi 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 order dated 13.12.2021 and 03.08.2026 has been passed by F.T.C. Court No. 1, Allahabad in Session Trial No. 39 of 2016, arising out of Criminal Case No. 584 of 2015, under Sections 376 of I.P.C., Police Station Soraon, District Allahabad, whereby Non Bailable Warrant has been issued as well as proceedings under Section 82 of Cr.P.C. has been initiated 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 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 Versus Counsel for Applicant(s) : Abhishek Kumar Shukla, Aklesh Kumar Counsel for Opposite Party(s) : G.A. Devendra @ Nanke Bind .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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 8, 2026 Ishan NA528 No. 43744 of 2026 2 (Sanjay Kumar Pachori,J.) Digitally signed by :- ISHAN JAISWAL High Court of Judicature at Allahabad