HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 7953 of 2026 Court No. - 78 HON'BLE TARUN SAXENA, J. Heard Sri Akhilesh Kumar Dwivedi, learned counsel for the applicants and learned AGA for the State. This is an application filed U/s 528 BNSS for quashing the entire proceeding of Criminal Case of Sessions Trial No. 396 of 2020 (State vs. Rohit) including summoning/ cognizance order dated 08.10.2020 passed by learned Special Judge, POCSO Act Kushi Nagar at padrauna and consequential order dated 21.08.2025 whereby non-bailable warrant has been issued against the applicant no.1 including charge-sheet dated 04.09.2020 arising out of case crime no. 123 of 2020, under Section 376, 452, 506 IPC and Section 5/6 POCSO Act, P.S. Kuber Sthan, District Kushi Nagar. Learned counsel for the applicant submits that applicant was on bail but due to inevitable circumstances, he could not attend the court on the date fixed in the trial and non-bailable warrant has been issued against the applicant by the trial court's order 15.09.2025. It is further submitted that the impugned order has been passed without satisfying itself that the summon and other process for attendance 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. for the State has opposed the application. Versus Counsel for Applicant(s) : Akhilesh Kumar Dwivedi Counsel for Opposite Party(s) : G.A. Rohit @ Rohit Gond And Another .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) Considering submissions of learned counsel for the applicants and perusing record, the instant application is finally disposed of with a direction that in case applicants appear before the court below within four weeks from today and applies for bail/ recall of non bailable warrant, their application shall be decided in the light of the observations made in the judgments rendered by the Supreme Court in Satender Kumar Anttil vs Centyral Bureau of Investigation & Another, (2021) 10 SCC 773, Siddhartha 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 four weeks from today or till applicants appears before the court below, whichever is earlier, execution of non-bailable warrant against applicants shall be kept in abeyance. February 24, 2026 C. MANI NA528 No. 7953 of 2026 2 (Tarun Saxena,J.) Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad