HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 10970 of 2026 Court No. - 74 HON'BLE SANJAY KUMAR PACHORI, J. 1. Sri Indrakesh Kumar Sharma, learned counsel for the applicant and Sri Abhishek Kumar, learned A.G.A. for the State are present. 2. The present application under Section 528 of Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed to quash the order dated 12.09.2024 passed by Additional Session Judge/F.T.C. II, Sant Kabir Nagar in Session Trial No. 152 of 2016 (State versus Pawan) arising out of the Case Crime No. 1573 of 2016 under Sections 363, 366, 504 of the Indian Penal Code, Police Station- Khalilabad, Distirct-Sant Kabir Nagar, pending in the court of the learned Additional Session Judge/F.T.C. II, Sant Kabir Nagar whereby Non Bailable Warrant has been issued against the applicant. 3. Learned counsel for the applicant submits 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. 4. Learned A.G.A. has opposed the application. 5. 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 Versus Counsel for Applicant(s) : Indrakesh Kumar Sharma Counsel for Opposite Party(s) : G.A. Pawan Kumar @ Pawan Jaiswal .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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. 6. 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. March 19, 2026 SY NA528 No. 10970 of 2026 2 (Sanjay Kumar Pachori,J.) Digitally signed by :- SWETA YADAV High Court of Judicature at Allahabad